A. 
The provisions of this chapter shall be applicable to any person who operates or maintains on his or her premises an alarm system installed on or after May 27, 1992, and any alarm agent or alarm business as defined herein, thirty (30) days after the effective date of the ordinance codified in this chapter.
B. 
The purpose of this chapter is to provide minimum standards and regulations applicable to alarm systems, their installation by alarm businesses or agents, and their operation by alarm users as defined herein.
(Old. 29-87 § 14; Ord. 7-92 § 1)
For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meanings hereafter respectively ascribed:
"Alarm agent"
means any person employed or hired by an alarm business and whose duties include altering, installing, maintaining, moving, repairing, replacing or servicing an alarm system or responding to same.
"Alarm business"
means any activity carried on by any person operating for any consideration which includes the sale and installation, maintenance, alteration or servicing of alarm systems or which responds to such alarm systems.
"Alarm system"
means any assembly of equipment and devices arranged to signal the presence of any condition upon premises within the city to which an emergency response by public safety personnel would commonly occur. The term "alarm system" shall include any equipment which is designed to detect an emergency or which is designed to be activated by a person to report an emergency.
"Alarm user"
means any person who owns, operates or manages or is entitled to possession of any premises in the city on which an alarm system has been installed and operates.
"Audible alarm"
means any alarm system, which, when activated, is capable of being heard within the premises and the immediate area thereof.
"Automatic dialing system"
means any alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of a condition upon premises within the city to which an emergency response by public safety personnel would commonly occur.
"Central station"
means an office to which monitored alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where personnel may be maintained continuously to respond to and investigate signals, and which signaling devices are listed by Underwriters' Laboratory.
"False alarms"
means any improper activation of an alarm system, including, but not limited to, improper activation due to negligent acts or omissions, intentional activation when unwarranted, or to equipment malfunction. Improper activation of an alarm system caused by an event out of the control of the alarm user or alarm business, including but not limited to, an earthquake, storm or other violent, uncontrollable act of nature, shall not constitute a false alarm.
"Monitored alarm system"
means an alarm signaling system which, when activated by an alarm device, transmits a signal to a central station where appropriate action is taken to investigate and respond to the signal.
(Ord. 29-87 § 1; Ord. 7-92 § 2)
All persons who engage in, conduct or carry on any alarm business within the city shall obtain a business license. Along with the business license application, the applicant shall provide to the city all information as required by the provisions of Chapter 5.20. The applicant shall also provide evidence that the applicant possesses a current, valid license or permit issued by the state of California pursuant to Chapter 11.6 of Division 3 of the Business and Profession Code (commencing with Section 7590). The Police Department shall review any business license application received from an alarm business as defined herein.
(Ord. 29-87 § 2; Ord. 7-92 § 3)
Each time an alarm business sells or installs an alarm system within the city, it shall notify the city and Police Department in writing within ten (10) days thereof. The notice shall include the following:
A. 
The name, address, and telephone number of the alarm business or its alarm agent;
B. 
The name of the alarm user and his or her business address, telephone number, residential address and telephone number;
C. 
The location, classification and purpose of the alarm system; and
D. 
The name of at least one (1) other person responsible to respond to the alarm site and the business address and telephone number and residential address and telephone number of such person.
(Ord. 29-87 § 4; Ord. 7-92 § 4)
No alarm agent, alarm business or alarm user shall buy, sell, install or operate within the city an audible alarm system which, upon activating, emits a sound similar to sirens in use on the emergency vehicles or for civil defense purposes. For the purpose of this section, any electronic sounding device that produces a variable-pitch tone shall be considered similar to an emergency vehicle siren. This section shall not apply to sirens mounted inside a building which cannot be heard from outside of the building.
(Ord. 29-87 § 5; Ord. 7-92 § 5)
No alarm agent, alarm business or alarm user shall buy, sell, install or operate within the city an audible alarm system which does not silence within a maximum time of fifteen (15) minutes from the time of activation. If the alarm system has an automatic cutoff with a rearming phase, the rearming phase must be capable of distinguishing between an open and closed circuit, and if the circuit is broken, the system shall not rearm.
(Ord. 29-87 § 6; Ord. 7-92 § 6)
Each alarm business and alarm agent shall provide accurate and complete written instruction to the alarm system user in the proper use and operation of said system including but not limited to the avoidance of false alarms. All businesses which sell alarm systems, but which are not "alarm businesses" or "alarm agents" as defined in this chapter are similarly responsible for instructing the buyer of the alarm system in the proper use of the system.
(Ord. 29-87 § 7)
Every audible alarm system shall have a sign or notice posted on or near the audible device with the name and telephone number of the person or company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building.
(Ord. 29-87 § 8)
Upon notification by the Police Department, the person or company named in the notice required by Section 5.20.080 of this chapter or the representative of such person or company shall promptly proceed, within at least thirty (30) minutes, to the scene of the alarm and render necessary service. This service shall include, when necessary, the opening of the premises so that the origin of the alarm may be determined and appropriate action may be taken. If such person or company cannot respond within the specified time, the person or company shall notify the Police Department that no response will be made.
(Ord. 29-87 § 9; Ord. 7-92 § 7)
No alarm system may be installed or operated within the city which, when activated, causes an alarm to be sent directly to the Police Department by an automatic dialing system.
(Ord. 29-87 § 10; Ord. 7-92 § 8)
All alarm systems shall have a standby backup power supply which will automatically assume the operation of the alarm system should any interruption occur in power to the system. The transfer of power from the primary source to the backup source must occur in a manner which does not activate the alarm.
(Ord. 29-87 § 11)
A. 
The Police Department may respond to false alarms in the following manner:
1. 
Two (2) false alarms in any ninety (90) day period: the Police Department will call the business or residence and advise such business or residence of the existence of an alarm policy and ordinance and shall outline any expected remedial action;
2. 
Three (3) false alarms in any ninety (90) day period: the Police Department shall mail, by return receipt requested, a copy of the alarm ordinance to the business or residence;
3. 
Four (4) false alarms in any ninety (90) day period: a fifty-dollar ($50) fine shall be levied against the owner or lessee of the property, and if the owner or lessee fails to pay the fine within ten (10) calendar days, the Police Department shall place that alarm system on the Police Department's non-response list;
4. 
Five (5) false alarms in any ninety (90) day period: a two-hundred-dollar ($200) fine shall be levied against the owner or lessee of the property and the Police Department shall place such alarm system on the Police Department's non-response list; and
5. 
Any further alarms will result in no response by the Police Department, regardless of any prior action or fine within the specific ninety (90) day period.
B. 
The Police Department may place any alarm system on the non-response list if the alarm user intentionally activates the alarm system when an emergency situation does not exist. Such emergency situations include only those unlawful acts for which the alarm system was specifically designed to detect or to alert the Police Department, such as burglary, robbery or intrusion alarms.
C. 
Any business or residence placed on the non-response list may petition the Police Department to be placed on the response list and such placement shall not be denied if the business or residence pays any outstanding fines and if no more than one (1) false alarm has been registered within the preceding thirty (30) day period.
D. 
The Police Department shall notify any alarm user or alarm business of any violation of Sections 5.20.030, 5.20.040, 5.20.050, 5.20.060, 5.20.070 or 5.20.080. The notice shall inform the alarm user or alarm business that their alarm system has been placed on the Police Department's nonresponse list. Full service may be restored upon petition to the Police Department, once all applicable conditions have been satisfied.
E. 
Exceptions:
1. 
The provisions of Section 5.20.130 shall not apply during the first thirty (30) days after installation of an alarm system.
2. 
If an alarm user demonstrates to the Police Department that any false alarm resulted from conditions beyond the alarm user's control and not as a result of negligence of the alarm user or any of his or her employees or agents, or if the alarm user was not aware or should not have been aware of any defect in the alarm system, such false alarm shall not be deemed a false alarm as that term is used in this section.
(Ord. 29-87 § 3; Ord. 7-92 § 10)
Any person whose alarm service is placed on the Police Department's non-response list pursuant to this chapter or who has received a fine may appeal such order or fine to the City Manager within ten (10) working days from the date of such order or fine. If an appeal is filed, the order or fine shall be stayed pending the City Manager's ruling on the appeal.
(Ord. 29-87 § 13; Ord. 7-92 § 11)