This chapter shall be known as the
“Alarm System Ordinance.”
(Ord. 5558 §
1, 2015)
The purpose and intent of this chapter
is to:
A.
License and regulate alarm systems, alarm
users, and activities of alarm companies in the City of Roseville.
B.
Reduce or eliminate the instances of false
alarms in the City of Roseville.
C.
Protect public safety by curtailing or
eliminating the number of false alarms within the city that prevent,
hinder or delay public safety officers from responding to other calls
for service.
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Nothing in this chapter shall be
construed to require any police department response to alarm devices.
The issuance of an alarm permit does not entitle the holder to any
special level of police department service to an alarm device. All
police department responses to alarm devices will be made in accordance
with the alarm response policy established by the chief of police.
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The obligation of complying with
the requirements of this chapter, and any liability for failing to
do so, is placed solely upon the parties responsible for owning, operating,
monitoring, installing or maintaining security alarm systems.
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An alarm permit requirement is hereby
imposed on all alarm system users hereinafter set forth.
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(Ord. 5558 §
1, 2015)
For the purpose of this chapter the
meaning of certain words and phrases shall be construed as set forth
in this section, unless it is apparent from the context that a different
meaning is intended:
means the person designated by the police chief or such person’s
designee as the person responsible for administering the provisions
of this chapter and/or the standards and regulations adopted pursuant
to this chapter.
means a person in the business of selling, providing, monitoring,
maintaining, servicing, repairing, altering, replacing, moving or
installing an alarm system in an alarm site. Such companies shall
be licensed in accordance with the provisions of Business and Professions
Code Section 7590 et seq. Such companies must also be licensed with
the City of Roseville business licensing department.
means the permit required under Section 10.64.060 of this code.
means a single fixed premises or location served by an alarm
system(s). Each unit, if served by a separate alarm system in a multi-unit
building or complex shall be considered a separate alarm site.
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 actuated.
Alarm systems include, but are not limited to, duress alarms, direct
dial telephone devices, audible alarms, and proprietor alarms. Devices
which are not designed or used in any manner that will result in police
department response are not included within this definition, nor are
auxiliary devices installed by a telephone company to protect telephone
company systems which might be damaged or disrupted by the use of
an alarm system. Alarm devices installed on a temporary basis by the
Roseville police department or other law enforcement agencies are
not included under this definition.
means any person (located within or outside the city) that
engages in the business, practice, or profession of monitoring alarm
systems within the city, and which reports directly or indirectly
any activation of such alarm systems to the city, its departments,
divisions, officials, agents, or employees, including but not limited
to, the police department and/or dispatch.
means a person having or maintaining an alarm system on real
property owned or controlled by such user. “Alarm user”
does include alarm businesses and alarm system monitoring companies
if they maintain an operating alarm system on the alarm business property
within the city.
means a person who files an application for a new or renewal
permit as provided in this chapter.
means an alarm system that generates an audible sound on
the premises when it is actuated.
means a mechanism that will cause the alarm system to shutoff
and reset within 15 minutes.
means the City of Roseville.
means a device which automatically telephones the Roseville
police department and delivers a prerecorded message upon the detection
of an unauthorized entry or illegal act.
means an alarm signal generated by manual activation of a
device intended to signal a life threatening or emergency situation
requiring a police response.
means four or more false alarms within a rolling 12-month
period. Alarms caused by power outage, severe storms, earthquakes,
or other violent acts of nature shall not be included in determining
an excessive false alarm.
means an alarm signal necessitating response by the Roseville
police department where a life threatening or emergency situation
does not exist.
means written notice, served either by personal service or
by United States mail, first class postage prepaid, addressed to the
person to be notified at the last known address. Service of such notice
shall be effective upon the completion of personal service or 48 hours
after the placing of the notice in the custody of United States Postal
Service.
means any person granted a permit as provided herein, and
his, her or its agents and representatives.
means any natural person, firm, partnership, association,
corporation, or similar entity.
means the police chief of the City of Roseville or designee.
means any audible noise similar to that which must be sounded
by an authorized emergency vehicle under the conditions set forth
in Section 21055 of the California Vehicle Code.
(Ord. 5558 §
1, 2015)
The police chief may prescribe minimum
standards and regulations for the construction and maintenance of
all alarm systems installed within the city. All devices shall meet
or exceed such standards and regulations before permits may be issued
pursuant to this chapter. The police chief may require inspection
and approval of all alarm systems installed within the city.
(Ord. 5558 §
1, 2015)
A.
Sirens Prohibited. It is unlawful to use,
maintain, or install an alarm system that emits the sound of a siren.
This section shall not be construed to prohibit the use of certain
electronic horns or howlers that may be approved by the police chief,
provided that they do not emit a sound similar to a siren.
B.
Automatic Shutoff Required. Every audible
alarm system shall have an automatic shutoff device that shall be
adjusted so that an external audible alarm signal will sound for no
longer than 15 minutes after being activated.
(Ord. 5558 §
1, 2015)
A.
Police response to private alarm sites
in the city is a privilege available only to those alarm users who
have a valid alarm system permit.
B.
Individual Users. It is unlawful for any
person to operate, or to cause to be operated, an alarm system within
the city without obtaining an active and valid alarm permit within
14 days of connecting or commencing to operate an alarm system and
keeping a valid alarm system permit in full force and effect at all
times thereafter. Upon registration, each alarm permit shall be assigned
a permit number.
C.
Alarm Company/Installers. An alarm company
may install an alarm system at an alarm site prior to the alarm user
obtaining an alarm permit. However, it is unlawful for an alarm company
to connect or activate an alarm system at any alarm site within the
city without verifying that an active and valid alarm permit exists
for the alarm site.
D.
Alarm System Monitoring Company. No monitoring
company providing monitoring service to alarm sites in the city shall
activate alarm monitoring service or initiate alarm dispatch requests
for any alarm site in the city that is not properly permitted.
E.
Any person found operating an alarm system
without a permit shall obtain a permit within 30 days of the police
department’s mailing of a notice to obtain permit, and shall
pay the permit fee, including late fees, in the amounts established
by resolution adopted by the city council, as amended from time to
time. In addition, any non-registration 120 days past due will be
sent to collections for processing.
F.
Failure to acquire an alarm permit in the city is a class one civil infraction provided in Section 10.64.130.
G.
Payment of Fee. A non-registration fee invoice shall be mailed with the notice to obtain permit to the alarm user within 30 days following the assessment of the fee. Fees are due and owing no later than 30 days after the date of the invoice; fees received after that date shall be subject to additional fees as provided in subsection E.
(Ord. 5558 §
1, 2015; Ord. 5800 § 18, 2017)
Alarm permits shall be kept on the
premises where the alarm system is located, and shall be displayed
to any member of the Roseville police department or other city-designated
employees upon request.
(Ord. 5558 §
1, 2015)
The provisions of this chapter are
not applicable to audible alarms affixed to motor driven vehicles.
(Ord. 5558 §
1, 2015)
Whenever any change occurs relating to the written information required by Section 10.64.150, the applicant or permittee shall give written notice thereof to the Roseville police department within 20 days after such change.
(Ord. 5558 §
1, 2015)
Alarm permits may not be transferred
to another person or alarm site. Permits are valid only for the permittee
and address listed on the permit.
(Ord. 5558 §
1, 2015)
A.
The Roseville police department shall prescribe
the form of the application and request such information as is necessary
to evaluate and act upon the alarm permit application.
B.
Applications for alarm permits required
by this chapter shall be filed with the Roseville police department
and shall be accompanied by a nonrefundable fee as established by
resolution adopted by the city council, as amended from time to time.
After the initial two-year permit period, renewal permits are required
and will be valid for two additional years. The renewal permit shall
be accompanied by a nonrefundable fee as established by resolution
adopted by the city council, as amended from time to time.
C.
The application for an alarm permit shall contain an agreement, which the applicant must sign before the permit can be issued, whereby the applicant agrees to reimburse the city for costs resulting from excessive false alarms, as well as all costs related to the collection of alarm registrations. The cost recovery shall be accomplished through reimbursement payments as set out in Section 10.64.160 of this chapter.
D.
Upon receipt of the application, fees,
and copy of signed agreement, the alarm administrator or designee
shall issue an alarm permit number to the user.
E.
The alarm permit number assigned to an
alarm user will remain the same for as long as the alarm user continuously
maintains registration for the alarm site.
F.
Permits may be renewed under the following
conditions:
1.
The alarm site has no past due service
fees;
2.
The alarm site permit is not suspended;
3.
The alarm site permit is not revoked;
4.
The alarm user either updates his
or her permit information, or verifies that the current permit information
is still correct; and
5.
The appropriate permit fee is paid.
G.
Renewal information and fees are submitted
to the alarm administrator, or designee, on or before the initial
registration anniversary date every two years.
(Ord. 5558 §
1, 2015; Ord. 5800 § 19, 2017)
A.
Alarm Company or Installer. It shall be
the responsibility of the alarm installer or reinstaller to instruct
the permittee in the requirements of this chapter, the proper use
and operation of such device or alarm, whether silent or audible,
including specifically all necessary instruction in turning off said
alarm.
B.
Permittee. After the initial installation,
it shall be the responsibility of the permittee to instruct those
individuals authorized by the permittee to use the alarm in the proper
use and operation of such device or alarm, whether silent or audible.
(Ord. 5558 §
1, 2015)
A.
The application for an alarm permit shall be on a form provided by the alarm administrator and accompanied by the fee required under Section 10.64.110(B) of this chapter. The information in the application form shall include, but not be limited to, the location of the alarm system (e.g., street address); name, address and telephone number of the alarm user; the number, type and location of the alarm system(s) at the location; the name, address; and such other information as the alarm administrator may reasonably deem necessary to carry out the purpose and intent of this chapter.
B.
If during any calendar year, an alarm user
changes or contracts with another alarm company or monitoring company
for monitoring services at a particular alarm site, or if an alarm
company or monitoring company assigns or transfers an alarm user’s
account to another alarm company or monitoring company, such transfer
or assignment shall be reported to the alarm administrator in writing
by the alarm business or monitoring company to which the transfer
or assignment is made within 30 calendar days of the effective date
of such transfer or assignment. Notice of the assignment or transfer
shall be provided to the alarm administrator.
C.
In addition to the information required under subsection B, each alarm company or monitoring company shall submit in a biannual report to the alarm administrator or designee, a current list of all alarm systems within the city that are monitored by the company. The information in the report shall include, but not be limited to, the location of each alarm system monitored by the alarm company or monitoring company (e.g., street address); the name, address and telephone number of the alarm user; the number, type, and location of alarm systems at that location; the name, address and telephone number of an emergency contact person for such location; the locations (e.g., street address) that are no longer monitored by the company; and such other information as the alarm administrator reasonably deems necessary to carry out the purpose and intent of this chapter.
(Ord. 5558 §
1, 2015)
A.
False Alarm. A false alarm, for which the
city assesses a false alarm response fee, is not punishable as an
infraction under this code.
(Ord. 5558 §
1, 2015)
No person shall operate or maintain
a direct dial telephone alarm system in the city.
(Ord. 5558 §
1, 2015)
A.
The city may assess a false alarm response fee for each police response to a false alarm. The amount of such fee shall be established as provided in Section 10.64.160 of this chapter.
B.
A false alarm response fee shall not be
assessed if the alarm company, monitoring company or alarm user promptly
notifies police dispatch that a police response is not necessary prior
to the arrival of police officers at the alarm site.
C.
The alarm user shall be liable for the
false alarm response fee.
(Ord. 5558 §
1, 2015)
The issuing authority for permits
shall be the Roseville police department.
(Ord. 5558 §
1, 2015)
Prior to requesting police response
to an alarm site, an alarm system monitoring company must make two
or more telephone calls, first to the alarm site and an additional
call or calls to any alternate telephone number to verify the veracity
of an alarm signal, before requesting a police response to the premises.
The purpose of enhanced call verification is to reduce the number
of false alarms.
(Ord. 5558 §
1, 2015)
The permit application shall be denied by the police chief or designee if the alarm system does not comply with standards and regulations adopted pursuant to Sections 10.64.040 and 10.64.050. Appeal shall be made in accordance with the procedures set forth in Section 10.64.180.
(Ord. 5558 §
1, 2015)
A.
Whenever the police department responds
to a false alarm, the alarm user shall reimburse the city in accordance
with a schedule of fees established by resolution adopted by the city
council, as amended from time to time.
B.
Fees are cumulative and determined by the
combined number of both burglary and duress/robbery false alarms.
C.
Failure to promptly reimburse the city
shall be deemed a breach of contract and a civil debt owed to the
city.
D.
Only alarm users with a valid alarm permit
are entitled to one free false alarm without reimbursement to the
city per rolling 365-day period.
E.
Reimbursement may be waived by the police
chief or designee where uncommon circumstances not considered an emergency
resulted in a false alarm and where the permittee has taken measures
to correct alarm system deficiencies.
(Ord. 5558 §
1, 2015; Ord. 5800 § 20, 2017)
Unless there is a separate indication
that there is a crime in progress, the police chief may refuse police
response to an alarm site after the denial, suspension or revocation
of an alarm permit. The following shall constitute grounds for denial,
suspension and/or revocation of the alarm permit:
A.
An alarm site has generated four or more
excessive false alarms; or
B.
Failure to pay fees and/or charges imposed
as a result of excessive false alarms at any alarm site; or
C.
Failure to pay registration fees, biennial
renewal fees or any past due and outstanding fees associated with
the alarm permit; or
D.
Failure to comply with standards or regulations
adopted pursuant to this chapter; or
E.
Where the applicant, permittee, or the
employee or agent of the applicant or permittee has knowingly made
any false, misleading, or fraudulent statement of a material fact
in the application for a permit or in any report or record required
to be filed with any city agency. This section shall not apply to
robbery or duress alarms.
(Ord. 5558 §
1, 2015)
A.
If the police chief denies the issuance
of a permit, suspends or revokes a permit issued under this chapter,
the police chief shall serve the permittee with a written order stating
the reasons for the denial, suspension or revocation of the permit.
The order shall be effective immediately upon service and, unless
there is a separate indication that there is a crime in progress,
the police chief may refuse police response to the alarm site after
the suspension or revocation of an alarm permit.
B.
It is unlawful to use any alarm system
after service of notice of denial, suspension, or revocation of an
alarm permit.
C.
The police chief may reconsider the denial,
suspension or revocation of a permit or reinstate a suspended permit,
provided that within 45 days of the denial or suspension, the applicant
or permittee shall establish to the satisfaction of the police chief
that the alarm system will be operated in compliance with this chapter,
by complying with the following:
1.
Provide a letter from an alarm company
licensed by the state of California indicating that the alarm has
been completely checked and any mechanical malfunctions have been
repaired;
2.
Agree that an agent of the business,
or, if the alarm is residential, a responsible party, shall respond
to the alarm site within 30 minutes of notification, each time the
alarm is activated;
3.
Review correct alarm setting procedures
with every resident, agent, employee or other person who may be responsible
for user error alarm activations;
4.
Pay in full all outstanding fines
and/or charges associated with the alarm permit;
5.
Pay in full all outstanding excessive
false alarm fees or charges; and
6.
Other reasonable procedures or requirements
as may be established by the police chief.
D.
Any denial to issue a permit which has not been appealed within 45 days of such denial shall be final. Any suspended permit which is not reinstated within 45 days shall automatically be deemed revoked. No revoked permit shall be reissued until six months after the revocation, at which time a new application may be filed pursuant to Section 10.64.110. The police chief’s decision to suspend a permit shall suspend police response for non-duress and non-robbery alarms at that alarm site for the period of suspension.
E.
The decision of the police chief to deny
an application for a permit, suspend a permit, or refuse to reinstate
a permit may be appealed in writing by any interested person to the
city council within 15 calendar days of the decision upon the payment
of an appeal fee as established by resolution adopted by the city
council, as amended from time to time, to the city clerk, no part
of which shall be refundable. The 45-day period for suspended permits
shall be tolled during the pendency of any such appeal.
(Ord. 5558 §
1, 2015; Ord. 5800 § 21, 2017)
The United States, the state of California, counties, municipal corporations, departments thereof and other governmental entities are exempt from application fees required in Section 10.64.110.
(Ord. 5558 §
1, 2015)
Any alarm system is a public nuisance:
A.
When the alarm system generates an audible
sound on the premises for a period longer than 15 minutes;
B.
When the alarm system generates excessive
false alarms.
(Ord. 5558 §
1, 2015)
All remedies shall be cumulative,
and the use of one or more remedies by the city shall not bar the
use of any other remedy for the purpose of enforcing the provisions
of this chapter.
(Ord. 5558 §
1, 2015)
