Visalia Municipal Code Ch. 8.08 Alarm Systems

The purpose of this chapter is to set forth regulations governing fire, burglary, robbery and panic alarm systems within the city; to reduce false fire and police alarms; to require alarm system permits; and to provide the authority to establish service charges. (Prior code § 4500)

For purpose of this chapter certain terms are defined as follows:

“Alarm agent” means an employee of an alarm company operator who does not respond to activated alarms, but whose duties include altering, installing, maintaining, monitoring, moving, repairing, replacing, or servicing an alarm system.

“Alarm company operator” means any person licensed as an alarm company operator by the California Bureau of Collection and Investigative Services, pursuant to the provisions of Division 3, Chapter 11.6 of the Business and Professions Code and doing business as such within the limits of the city.

“Alarm system” means any mechanical or electrical device which is designed or used for the detection of burglary, robbery, fire or panic condition within a building, structure or facility, or for alerting others to the commission of an unlawful act, fire or hazard within a building, structure or facility, or both; which emits a sound or transmits a signal or message when actuated; and which is designed to elicit a response from the police department or the fire emergency management department. Alarm systems include, but are not limited to, direct-dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition.

“Audible alarm” means a device designed for the detection of fire or the commission of a burglary, robbery or panic condition; and when actuated, generates an audible sound on the premises.

“Automatic dialing device” means any 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 an emergency situation that the alarm system is designed to detect.

“Emergency response personnel” means any person employed with either the police department or fire and emergency management department of the city.

“False alarm” means the activation of an alarm system through false reporting of an emergency, mechanical failure, malfunction, improper installation or negligence of the subscriber or his employees or agents; provided, such actuating necessitates a response from emergency response personnel. The term false alarm shall not include alarms caused by hurricanes, tornadoes, earthquakes, trouble alarms, or other conditions that are clearly beyond the control of the alarm user.

“Panic alarm” means a manually operated switch or button that sends an alarm that an emergency police response is necessary to a premise and a telephone call is impractical or unavailable to the alarm user.

“Permittee” means any individual, firm, company, corporation, partnership, fraternal association, association, the United States of America, the state of California, a political subdivision, governmental agency or other public or municipal corporation that owns, leases, or otherwise obtains an alarm system, and has purchased a valid alarm permit from the city.

“Permit year” means that time period from July 1st to June 30th of each fiscal year that an alarm permit is issued and made valid.

“Person” means any individual, firm, company, partnership, corporation, fraternal association, association, organization, the United States of America, the state of California, a political subdivision, governmental agency or other public or municipal corporation.

“Proprietary system” means an alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the subscriber of the protected premises. If a proprietary system includes a signal line connected directly or by means of an automatic dialing device to a central station or answering service, it thereby becomes an alarm system as defined in this chapter.

“Responding alarm agent” means any person other than authorized emergency response personnel who responds to alarms or who is in uniform and on duty for the purpose of responding to an alarm.

“Subscriber” means any individual, firm, company, partnership, corporation, fraternal association, association, organization, the United States of America, the state of California, a political subdivision, governmental agency or other public or municipal corporation that purchases, leases, contracts for, or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system. (Prior code § 4501)

A. Audible Alarm Requirements.

1. Every audible alarm installed shall have a timing device which automatically shuts off the alarm within fifteen (15) minutes (residential areas) and thirty (30) minutes (commercial/retail areas) after it is activated.

2. All audible alarms not containing such timing devices, which were installed prior to the enactment of the ordinance codified in this chapter shall be required to have such a device installed within ninety (90) days of the effective date of this chapter.

3. No persons shall install or maintain any audible alarm or other alarm system enunciator which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. Systems containing such sirens in existence and registered with the police department as of the effective date of the ordinance codified in this chapter are exempted.

B. Power Supply. An alarm system shall be supplied with an uninterruptible 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 hours of operation.

C. Testing Alarm. Permittees shall notify the police department communications office and provide the dispatcher with the alarm permit number and such other information as may be required prior to any service, test, repair, maintenance, adjustment, alterations or installations which might activate a false alarm.

D. Alarm System, Automatic Calling Devices. It is unlawful for any person to use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or to install any alarm system that will upon activation, either mechanically, electronically or by other automatic means, initiate a call and deliver a recorded message to any telephone number terminating in the police department or the fire and emergency management department of the city.

E. Alarm System, Panic Alarms. Panic status alarms are prohibited from all locations except residences.

F. Alarm System Maintenance. Each subscriber and/or permittee shall maintain each alarm system in good working order, providing the necessary service to prevent false alarms, to prevent malfunctions and to use reasonable care in preventing malicious reporting of false fires or tampering with the alarm system. (Prior code § 4508)

A service charge payable to the appropriate enforcement authority (police department and/or fire and emergency management department of the city), shall be assessed to a subscriber whose alarm system generates a false alarm. The service charge shall be in an amount as designated by resolution of the city council. (Prior code § 4504)

The enforcement authority shall cause to be issued an invoice for the service charges accrued. Such bill shall be due and payable within fifteen (15) days after the billing date. Failure to pay after sixty (60) days from the billing date shall result in an additional ten percent late charge per each response invoice. Unpaid bills may be referred to a collection process after ninety (90) days delinquency or be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code as amended and shall thereafter be transmitted to the tax collector for collection. (Prior code § 4505)

In order to prevent or lessen the unnecessary hardship or practical difficulties in exceptional cases where it is difficult or impossible to comply with the strict letter of this chapter, the permittee or his designated agent shall have the option to apply for an exemption from any provisions of this chapter, to the city manager or designee. The city manager or designee shall exercise those powers on these matters in such a way that the public welfare is secured, and substantial justice done most nearly in accord with the intent and purpose of this chapter. (Prior code § 4506)

It shall constitute a violation of Section 8.08.110 for any subscriber to use, install or cause to be used or installed any alarm system upon any premises under his control within the city without having an alarm system permit therefore. An alarm system permittee shall comply with the following conditions:

A. Permit Application. A permit application required under this chapter shall be filed with the enforcement authorities or their designees. Separate applications for police alarm systems and fire alarm systems shall be filed. The enforcement authorities shall prescribe the form of the applications and request such information as is necessary to evaluate and act upon the permit applications.

B. Alarm Company Responsibility. Any alarm company operator or alarm agent shall, prior to the installation of an alarm system, provide the person using the alarm with a city-provided alarm permit application form.

C. Renewal of Permit. Permittees are required to file an application for renewal, together with the applicable fee within sixty (60) days prior to the expiration of their existing permit.

D. Permit Issuance. Upon the filing and approval of the application specifying the requirements as set forth by the enforcement authority, a permit may be issued. Said permit, when issued, shall be valid for the fiscal year.

E. Permit Denial. The enforcement authority may deny the application for alarm permit for any of the following reasons:

1. The application for permit does not contain all information required by the enforcement authority;

• 2. The information is not submitted on the required application form;
• 3. The submission of any false or misleading information on the application;
• 4. The proposed alarm does not meet the standards set forth in this chapter;

5. Any other valid reason determined to present a potential health or safety hazard to the city, its residents and/or emergency response personnel.

F. Permit Fee. The enforcement authority may establish such fee requirements as deemed necessary for the purpose of offsetting the reasonable administrative or investigative costs for original and renewal permits.

G. Permit--Correction of Information. Whenever any change occurs relating to the written information required by the permit application, the permittee shall give written notice of such change to the enforcement authority or designee within twenty (20) days.

H. Permit--Separate Permit Required. A separate alarm permit shall be required for each premises on which an alarm system is used or installed.

I. Exemption. The provisions of this chapter are not applicable to audible alarms affixed to automobiles, boats, boat trailers, recreational vehicles or household smoke alarms not monitored by emergency response personnel or an alarm agent. (Prior code § 4507)

A. The police department may suspend their alarm response to a given address under the following conditions:

1. If the alarm location's responsible party refuses to purchase an alarm permit;

2. If the alarm location's responsible party refuses to pay their false alarm response fee;

3. If a permitted alarm location has a responsible party that intentionally reports or causes to report a false alarm, knowing that such an alarm is false;

4. If a permitted alarm location has an extensive history of false alarms and demonstrates no concern to correct the condition, as determined by the chief of police or his designee.

B. The decision not to respond to an alarm shall only be made after the alarm location's responsible party has been given an opportunity for a hearing with the chief of police, or his designee, as to why police response should not be discontinued. Such decision may be appealed pursuant to Section 8.08.060. (Prior code § 4510)

A. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

B. The city shall be under no duty or obligation to a subscriber or to any other person by reason of the provision of this chapter or the exercise of privileges of a subscriber hereunder, including but not limited to any defects in any alarm system or any delays in transmission or response to any alarm.

C. It is unlawful and punishable as provided in Section 8.08.110 for any person to engage in the alarm business within the city without having first obtained a business license from the licensing authority.

D. Alarm company operators must have filed with the state Department of Consumer Affairs and be in compliance with all provisions regarding the licensing of alarm agents and responding alarm agents. (Prior code § 4509)

The enforcing authorities are directed to administer and enforce the provisions of this chapter. The enforcement authority for burglary, robbery or panic alarm systems shall be the police department. The enforcement authority for fire alarm systems shall be the fire and emergency management department of the city. (Prior code § 4502)

It is unlawful and a misdemeanor for any person, to install, cause to be installed, use, actuate, or maintain any alarm system contrary to or in violation of any of the provisions of this chapter. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction pursuant to Section 19(c) of the California Penal Code.

A. Any person convicted of a misdemeanor under this chapter shall be punished by: (1) a fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1,000.00) and/or ninety (90) days in the county jail for a second violation of this chapter within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of this chapter within one year.

B. Any person convicted of any infraction of this chapter shall be punished by: (1) a fine not exceeding two hundred fifty dollars ($250.00) for a first violation; (2) a fine not exceeding five hundred dollars ($500.00) for the second violation of this chapter within one year; and (3) a fine not exceeding one thousand dollars ($1,000.00) for each additional violation of this chapter within one year.

C. Each day that a violation continues shall be regarded as a new and separate offense. (Prior code § 4503)