The purpose of this chapter is to provide a system of regulation for burglary or robbery alarms that will minimize false alarms so that public safety officers are not placed in jeopardy unnecessarily. False alarms cause a drain on police manpower and the public safety budget and lull those responding to repeated false alarms to believe that each alarm is false. These regulations are, therefore, imposed on all businesses and other places that have alarms, including residences. This section is declaratory of existing law.
(Ord. 1376 § 14, 2005)
Unless otherwise expressly stated or the context indicates a different meaning is intended, the following words and terms shall for the purposes of this chapter have the meanings indicated in this section:
"Alarm agent"
means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure or facility, any alarm system; responding to alarms; investigating causes of alarms; notifying the police or fire department of alarms; or providing any similarly related service; provided, however, the provisions of this section shall not include any person who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the locations where the alarm system is to be installed, nor designs the scheme for physical location and installation of the alarm system in a specific location.
"Alarm business"
means the business by any individual, partnership, corporation or other entity of: Selling, leasing maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system; or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility; or providing a personal service of responding to the location of the alarm, investigating the cause of the alarm, notifying the police or fire department of such alarm and providing any similarly related service.
"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 possible 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, indirect dial telephone devices, audible alarms and direct alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.
"Audible alarm"
means a device designed for the detection of unauthorized entry on the premises which generates an audible sound on the premises when it is actuated.
"Automatic communication device"
means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded message, when activated, over a telephone line, radio or other communication system, to the police or fire department.
"Direct alarm"
means any alarm system connecting an authorized source to the Fountain Valley police department by a leased telephone line or any other direct line that has no intermediate station and terminates at an independent monitor module at the police or fire department.
"False alarm"
means the activation of any direct or indirect alarm system because of malfunction, including but not limited to mechanical or electrical defects, or because of the improper installation, operation or adjustment of such system. Whenever an officer responds to the location of a false alarm and finds that there is no evidence of unlawful activity or of external causes that may have caused the alarm, the activation shall be presumed to be a false alarm. Not included as a false alarm will be those activations caused by earthquakes, violent winds or other such natural phenomena beyond the control of the owner or lessee of the alarm system, provided that the owner or lessee has appealed the assessment of the fine pursuant to Section 4.55.110.
"Indirect alarm"
means any mechanical electrically operated or electronically constructed device which, when activated, is designed to transmit any signal, audible or otherwise, whose purpose is to summon the police or an alarm business to any location in response to such signal or other transmission generated or produced by such device, and means and includes any answering service, commercial telephone line, automatic communication device or any communication or signal other than a direct alarm. If police are, in fact, summoned as a result of the alarm activation, it shall be presumed that the purpose for the alarm was to summon police, notwithstanding the fact that a neighbor or other person actually called the police.
"Primary trunk line"
means that telephone line installed for the city, including its police or fire departments, to which is assigned a telephone number that is published in the directory of the public utility making the installation, and which is designated for general public use. The term "telephone number" includes any additional numbers assigned by a public utility company engaged in the business of providing communication service and facilities to be used by means of a rotary or other system to connect with any primary trunk line assigned to the city, its police or fire departments when such primary trunk line is in use.
"Terminal monitor module"
means a device installed at the police facility to which direct alarms are connected by means of a telephone line and which is maintained by the city or its licensee.
(Ord. 1181 § 1, 1992; Ord. 1376 § 15, 2005)
In addition to the general application information required by Section 4.04.070 and the payment of the permit application fee as required by Section 4.02.040, specific application information for a direct alarm permit is required. The specific information that shall be provided is as follows:
(1) 
A statement providing the name, address and telephone number of the person and premises to be served by the alarm system;
(2) 
Satisfactory evidence that shows that all necessary arrangements have been made by the applicant for the providing of a lease line, which is to be provided at his/her expense and is to be his/her sole responsibility, for the transmitting of the alarm signal impulses from the applicant's premises to the terminal monitor module located at the police facilities.
(Ord. 1181 § 1, 1992)
The following terms and conditions shall be agreed to by any person desiring to install such terminal direct alarm facilities in the police department and shall be incorporated into the application and permit:
(1) 
All materials and labor necessary to make the installation at the permittee's premises shall be furnished by permittee at his/her sole expense. All materials and labor necessary to make the connection between the private system and the terminal monitor module at the police facility shall be furnished by the city or its licensee.
(2) 
The permittee shall furnish the police chief or the licensee of city with a complete set of written specifications adequately describing the equipment and placement of such alarm systems. After installation, no change, modification or alteration of the equipment shall be made unless and until the applicant furnishes additional written specifications showing such changes.
(3) 
If malfunctions should develop in the direct alarm system connected to the police facility terminal that could jeopardize the proper operation of any other terminal facilities or communications systems in the police facility, or if excessive or chronic false alarms be transmitted by any such system terminating in the police facility, service shall be disconnected and shall not be reactivated until and unless such malfunction or the cause of the false alarms is corrected by the permittee at his/her expense. The city, its elected and appointed officers and each and every employee shall be held harmless from any loss or damage resulting from a malfunction of such alarms or for failure to respond to the alarms for whatever reason.
(4) 
The permittee shall keep on file in the police facility the names, addresses and phone numbers of at least two persons to call in event of an emergency, and such information shall be current at all times. Permittee shall keep his/her alarm equipment in good order at all times.
(5) 
All alarm equipment, installations and repairs shall comply with rules and regulations promulgated by the police chief regulating the times and conditions under which such installations and repairs may be made.
(Ord. 1181 § 1, 1992)
In addition to the general application information set forth by Section 4.04.070 and the payment of the permit application fee as required by Section 4.02.040, specific application information for an indirect alarm permit is required. The specific information that shall be provided is as follows:
(1) 
The names, addresses and telephone numbers of the premises or customers or persons to be served by the indirect alarm system;
(2) 
The make, manufacturer and model number of the device being used, the place of purchase and the person, firm or corporation who will service the system;
(3) 
The name, address and telephone number of the person to contact in the event that the device is activated.
(Ord. 1181 § 1, 1992)
No permit shall be granted except upon the following conditions:
(1) 
The permittee shall furnish complete information and specifications, when required, relating to the system to be provided. The information shall include specific data relating to the prevention of false alarms and testing procedures.
(2) 
The licensee shall maintain his/her equipment in good condition and repair.
(3) 
The licensee shall prevent excessive or chronic false alarms caused by faulty equipment, installation or human error. A permit may be denied if the make or model of the device listed in the application has, in the experience of the police, proved to be deficient by reason of malfunction, false alarm or failure to activate on a significant number of occasions.
(4) 
The city, its employees and elected or appointed officers shall be held harmless from any malfunction of such alarms.
(Ord. 1181 § 1, 1992)
(a) 
No person shall attach any automatic communication device to a telephone line or use, permit or cause to be used any telephone attachment which is designed to automatically transmit any signal, audible or otherwise, the purpose of which is designed to automatically transmit any signal, audible or otherwise, the purpose of which, when activated, is to summon the police or fire department personnel to any location in response to such signal or other transmission generated or produced by such device except upon securing a permit for an indirect alarm system as hereinabove provided.
(b) 
No person shall use, permit or cause to be used any telephone device or telephone attachment that automatically selects a public primary trunk line of the city, its police or fire departments and then reproduces any prerecorded message to report any burglary, robbery or other emergency except upon securing a permit for an indirect alarm system as hereinabove provided.
(c) 
No person shall provide, install or maintain any automatic communication device system which through human agency or mechanical device or a combination thereof is designed to systematically report a burglary, robbery or other emergency via the police or fire department switchboard without having first obtained a permit for an indirect alarm system as hereinabove provided.
(d) 
This section shall not apply to a commercial telephone or telegraph utility doing business and regulated by the Public Utilities Commission.
(e) 
This section shall operate retroactively and shall require the deactivation of all indirect alarm systems which, upon the effective date of the ordinance codified in this chapter, are connected and directly dial any emergency number in any office of the police or fire departments, unless a permit for an indirect alarm system is obtained as provided in this chapter. This removal shall be accomplished within thirty days of the effective date of the ordinance codified in this chapter.
(Ord. 1181 § 1, 1992)
No person shall engage, conduct or operate as an alarm agent without first applying for and receiving an alarm agent permit therefor in accordance with the provisions of this chapter.
(Ord. 1181 § 1, 1992)
For end users of alarm systems that are not businesses, it shall be sufficient if the applicant identifies their full name, address, telephone numbers and other options for making contact, along with a description of the alarm system. Such applications shall be exempt from background checks, as provided in Section 4.08.080 of this title, provided that the license collector shall be entitled to request such information as may be necessary to ascertain the true identity of the applicant.
(Ord. 1376 § 16, 2005)
(a) 
When emergency messages are received by the police or fire departments that evidence a failure to comply with the requirements of this chapter, or a permit issued under this chapter, the police chief is authorized to demand that the owner or lessee of the alarm system initiating such messages, or his/her representative, disconnect the alarm system until it is made to comply with the requirements.
(b) 
The owner or lessee of an alarm system shall be assessed a fee in an amount as prescribed in a resolution adopted by action of the city council for every false alarm in excess of three in a one-year period or for any alarm that activates without having a permit therefor.
(Ord. 1181 § 1, 1992; Ord. 1376 § 17, 2005)
The owner or lessee of any alarm system shall be assessed a fee for each false alarm transmitted to the police department as prescribed by resolution adopted by action of the city council. Such fee shall be paid to the license collector for deposit in the general fund.
If the owner or lessee believes that he or she should be excused from being assessed a fine for any false alarm, he or she may appeal such assessment to the chief of police within ten days of having received the invoice for such false alarm. The chief of police shall excuse the assessment of the fine if he or she finds that the alleged false alarm did not come within the definition of "false alarm" as specified in Section 4.55.010 of this chapter. The decision of the chief of police, with respect to whether a false alarm occurred, shall be final, notwithstanding any other provision of this code providing to the contrary.
(Ord. 1181 § 1, 1992; Ord. 1376 § 18, 2005)
No person, firm or corporation shall fail to pay such an assessment within thirty days of assessment. Violations shall be a misdemeanor punishable as provided in Chapter 1.16 of this code. It shall be a defense to this violation if any person has appealed such an assessment within the time limits provided by this chapter until those administrative processes have been exhausted, including any court action that may be filed thereafter.
(Ord. 1273 § 1, 1998; Ord. 1376 § 19, 2005)