Yuba County Municipal Code Ch. 8.90 Burglary and Robbery Alarm Systems

For the purpose of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:

(1) Alarm system means any mechanical or electrical device designed to detect, or enable a person to notify others of, an unauthorized intrusion onto certain premises, and which emits a sound or transmits a signal or message when activated. The following devices shall not constitute alarm systems within the meaning of this Section:

a. Devices which do not register alarms that are audible, visible, or perceptive outside the protected premises;

b. Devices which are not installed, operated or used for the purposes of reporting an emergency to the Sheriff's Office;

c. Alarm devices affixed to motor vehicles; and

d. Alarm devices installed on a temporary basis by the Sheriff's Office.

(2) Answering service means a telephone answering service providing among its services the receiving on a continuous basis through trained employees of emergency signals from alarm systems, and the subsequent immediate relaying of said messages by live voice to the communication center of the Sheriff's Office.

(3) 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 the emergency situation that the alarm system is designed to detect.

(4) Central station means an office to which alarm systems are connected, where operators supervise the circuits, and where guards and/or servicemen are maintained continuously to investigate signals.

(5) Direct line means a telephone line leading directly from a central station to the communication center of the Sheriff's Office, where said line is used only to report emergency signals on a person-to-person basis.

(6) Emergency means the commission or attempted commission of a robbery or burglary.

(7) False alarm means the activation of an alarm system which results in a response by the Sheriff's Office where an emergency does not exist. False alarms which fall into the following two categories shall not be counted against a permittee under Section 8.90.090(a)(2) for the purposes of suspension or revocation of an alarm system permit:

a. False alarms which the permittee can demonstrate, in accordance with the provisions of Section 8.90.090(a)(2) of this Chapter, were approximately caused by hurricanes, tornadoes, earthquakes, or other violent acts of nature;

b. False alarms which the permittee can demonstrate, in accordance with the provisions of Section 8.90.090(a)(2) of this Chapter, were actually caused by the act of some person other than:

1. The permittee: For the purpose of this Subsection, the "permittee" shall include officers, agents, employees, independent contractors, and any other persons subject to the direct or indirect control of the permittee;

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

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

(8) Interconnect means to connect an alarm system to a telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.

(9) Modified central station. The phrase "modified central station" means an office to which alarm systems are connected, where operators supervise the circuits but where guards are not maintained to investigate alarm signals.

(10) Permittee means the person to whom an alarm system permit is issued.

(11) Person includes natural persons, without regard to number or gender, and any partnership, corporation, and any other type of legal entity. "Person" shall not include the County of Yuba.

(12) Primary trunkline means a telephone line leading directly into the communication center of the police department for the purpose of handling emergency calls on a person-to-person basis, and which is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company, covering the service area within the Sheriff's Office jurisdiction.

(13) Siren means any audible noise similar to that which must be sounded by an authorized emergency vehicle under the conditions set forth in Vehicle Code § 21055.

(14) Special trunkline means a telephone line leading into the communication center of the Sheriff's Office and having the primary purpose of handling emergency signals or messages originating through a central station, modified central station or answering service.

(Prior Code, § 8.90.010; Ord. No. 764)

No person shall install, connect, operate or maintain, or cause to be installed, connected, operated or maintained, an alarm system upon any property of which such person is in possession without first obtaining an alarm system permit therefor in accordance with the provisions of this Chapter. Any such person who installs, connects, operates or maintains, or who causes to be installed, connected, operated or maintained an alarm system without first obtaining a permit as required by this Section or who, after having a permit revoked or suspended, fails to disconnect an audible alarm or, in the case of a silent alarm, continues to relay emergency signals to the Sheriff's Office, shall be in violation of this Chapter.

(Prior Code, § 8.90.020; Ord. No. 764)

(a) All applications for alarm system permits shall be filed with the Sheriff's Office on such forms as the Sheriff may prescribe. Such applications shall contain the name, address and telephone number of the person who will respond to an alarm, or render day or night and such additional information as the Sheriff shall reasonably deem necessary for evaluation and proper processing of the permit application.

(b) Any person who operates or maintains more than one alarm system upon any particular property may, at his or her option, apply for a single permit for that particular property or for separate permits for each alarm system operated or maintained; provided, however, that if such a person chooses to secure a separate permit for each alarm system, a separate permit fee shall accompany each such application.

(Prior Code, § 8.90.030; Ord. No. 764)

(a) Every application for an alarm system permit shall be accompanied by a nonrefundable permit fee in an amount established in Section 13.00.050. The fee is established to cover part of the cost of processing the applications and permits and shall be in addition to any other permit fee imposed by the County of Yuba.

(b) Every applicant shall be given a receipt for the aforesaid permit fee at the time such fee is paid. The receipt shall serve as a temporary alarm system permit for a period not to exceed 45 days from the date on which said permit fee was paid, and shall be of no force or effect after the 45-day period expires, or after the alarm system permit is issued by the Sheriff, whichever event occurs sooner.

(Prior Code, § 8.90.040; Ord. No. 764)

Alarm system permits shall be issued to the person who is in possession of the property which the alarm system is designed to protect.

(Prior Code, § 8.90.050; Ord. No. 764)

Each alarm system permit that is issued shall expire three years after the date of issuance. The date of issuance shall be the date shown on the alarm system permit issued by the Sheriff. Upon expiration of an alarm system permit, a new permit shall be secured in the manner specified by Section 8.90.070 of this Chapter for a new permit.

(Prior Code, § 8.90.060; Ord. No. 764)

The fee for the renewal of an alarm system permit for each successive three-year period shall be as established in Section 13.00.050.

(Prior Code, § 8.90.070; Ord. No. 764)

Any alarm system permit issued in accordance with the provisions of this Chapter shall be valid only for the permittee named on the permit, and only for the particular alarm system or systems specified on the permit. No alarm system permit shall in any manner be transferred or assigned without the written consent of the Sheriff. Any request to transfer an alarm system permit shall be made upon such form as the Sheriff may prescribe and shall be accompanied by a nonrefundable fee in the amount established in Section 13.00.050. Transfer of an alarm system permit shall in no way affect the date of expiration of said permit. False alarms previously charged to the transferor shall not be charged to the transferee; provided, however, that the Sheriff may deny any request to transfer an alarm system permit where, after reasonable investigation, it appears that the transfer is requested for the purpose of allowing the transferor to evade responsibility for prior false alarms.

(Prior Code, § 8.90.080; Ord. No. 764)

(a) Grounds. The following shall constitute the exclusive grounds for suspension or revocation of an alarm system permit:

(1) The violation of any of the provisions of this Chapter.

(2) Where an alarm system actuates excessive false alarms. An alarm system shall be deemed to actuate excessive false alarms where there are three false alarms within 30 consecutive days, five false alarms within 90 consecutive days or six false alarms within 180 consecutive days. If a permittee presents sufficient proof that a particular false alarm was caused by an event or act specified in Section 8.90.010(a)(1) and (2) of this Chapter, said false alarm shall not be counted against the permittee in determining whether the permittee's alarm system actuated excessive false alarms.

a. If the Sheriff, or his or her representative, determines that an alarm system has generated excessive false alarms, the permittee responsible for such alarm system shall have his or her permit suspended for 15 days. On the sixteenth day following such a suspension, the suspended permit shall be restored by operation of law.

b. If the Sheriff, or his or her representative, determines that an alarm system has generated excessive false alarms, and if the Sheriff further finds that the permittee responsible for such alarm system has had his or her permit suspended during the 12 months prior to the date on which the hearing is held, the permittee shall have his or her permit revoked.

(3) The violation of any condition imposed by the Sheriff upon an alarm system permit issued in accordance with Section 8.90.100 of this Chapter.

(b) Hearings. Any such suspension or revocation shall be effective and shall begin five days following the mailing of notice of such suspension or revocation or the personal service thereof, unless the permittee requests a hearing before the Sheriff in writing within the five-day period. The above notice shall also notify the permittee of the right to such hearing, as well as a brief statement of the grounds relied upon for suspending or revoking such permit. Any such hearing shall be held within ten days of such request.

(c) Appeals. Any permit holder aggrieved by the decision of the Sheriff in suspending or revoking an alarm system permit may appeal such decision to the Board of Supervisors.

(1) Notice of appeal shall be filed in writing with the Clerk of the Board not later than ten days after said suspension or revocation. During the pendency of said appeal to the Board of Supervisors the permit shall remain in effect.

(2) The Board of Supervisors shall conduct a hearing on said appeal within 30 days of the filing of said appeal.

(Prior Code, § 8.90.090; Ord. No. 764; Ord. No. 1405)

Any person whose alarm system permit is revoked may reapply for a new alarm system permit, but only in accordance with the procedures set forth in this Section.

(1) Reapplication. All reapplications shall be submitted directly to the Sheriff's Office, on such forms as may be prescribed.

(2) Fees. Every reapplication for an alarm system permit shall be accompanied by a nonrefundable permit fee in the sum established for in Section 13.00.050. The fee is established to cover part of the cost of processing the reapplications and permits and shall be in addition to any other permit fee imposed by the County of Yuba.

(3) Investigation. The Sheriff's Office shall investigate each reapplication to determine whether the grounds for the prior revocation have been eliminated, or are not likely to occur again in the future. Such investigation may include, but shall not be limited to, an on-site investigation of the alarm system; an examination of the alarm system and any specifications, diagrams, or descriptions pertaining thereto; and a prescribed test period of reasonable duration.

(4) Issuance of permit. If, after investigation and in the Sheriff's sole discretion, the Sheriff determines that the grounds for the prior revocation have been eliminated, or that such grounds are not likely to occur again in the future, an alarm system permit shall be issued to the person who is in possession of the property which the alarm system is designed to protect. The Sheriff may attach such conditions to an alarm system permit as he or she deems reasonably necessary to insure that the permittee will comply with the provisions of this Chapter.

(5) Appeals. Any person whose reapplication for an alarm system permit is denied by the Sheriff may appeal such denial to the Board of Supervisors, in accordance with the procedure set forth in Section 8.90.090(c) of this Chapter.

(Prior Code, § 8.90.100; Ord. No. 764)

(a) Audible alarm system requirements. Any alarm system which is installed or connected on or after the date this Chapter becomes effective and which, when activated, generates an audible sound on the premises, shall have as part of the system an automatic shut-off that will deactivate the audible portion of the system within 30 minutes after it is first activated. Any alarm system which is installed and in operation prior to the date this Chapter becomes effective and which, when activated, generates an audible sound on the premises, shall have such an automatic shut-off device installed and in operation within two years after the date this Chapter becomes effective.

(b) Display of alarm system permit. Every alarm system permit shall be kept on the premises where the alarm system is located.

(c) Automatic dialing device regulations.

(1) No automatic dialing device shall be interconnected to a primary trunkline of the Sheriff's Office after the effective date of this Chapter.

(2) Within 90 days after the effective date of this Chapter, all automatic dialing devices interconnected to a primary trunkline shall be disconnected therefrom. The owner or lessee of such device shall be responsible for having the device disconnected within the 90-day time period.

(3) Persons owning or leasing an automatic dialing device may have the device interconnected to a telephone line transmitting directly to:

a. A central station; or

b. A modified central station; or

c. An answering service.

(4) The relaying of messages to the Sheriff's Office by a modified central station or an answering service shall be over a special trunkline unless the special trunkline is unavailable; the relaying of messages by a central station may be over a direct line.

(5) No automatic dialing device may be interconnected to the telephone company operator.

(Prior Code, § 8.90.110; Ord. No. 764)

(a) Penalties. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $1,000.00 or imprisonment in the County Jail for a term not exceeding six months, or both such fine and imprisonment.

(b) Enforcement. The conviction or punishment of any person for violation of the provisions of this Chapter or for failing to secure a permit as required by this Chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this Chapter. All remedies shall be cumulative and the use of one or more remedies by the County shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. The amount of any permit fee shall be deemed a debt to the County. An action may be commenced in the name of the County in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent 30 days after they are due and payable.

(Prior Code, § 8.90.120; Ord. No. 764)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

The information furnished and secured pursuant to this Chapter shall be confidential in character, shall not be subject to public inspection, and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of the Chapter. It is hereby declared that the public interest served by not making the information public clearly outweighs the public interest served by disclosure of the information.

(Prior Code, § 8.90.130; Ord. No. 764)

The provisions of this Chapter shall apply to all alarm systems which were installed, connected, operated or maintained on or prior to the date on which this Chapter becomes effective; provided, however, that the permits required for such alarm systems under Section 8.90.020 shall be obtained within 180 days from and after the date on which this Chapter becomes effective.

(Prior Code, § 8.90.140; Ord. No. 764)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.