City of Roseville Alarm Ordinance

City of Roseville Alarm Ordinance
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Roseville Municipal Code
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Title 10 PUBLIC PEACE, MORALS AND WELFARE
Division VI. Consumer Protection
Chapter 10.64 ALARM SYSTEMS
Note
*Prior ordinance history: Ords. 2309, 2322 and 2563.
10.64.010 Short title.
This chapter shall be known as the “Alarm System Ordinance.” (Ord. 3427 § 1 (part), 1999.)
10.64.020 Purpose.
The purpose of this chapter is to regulate alarm systems within the city, require permits therefor, establish fees and
provide for punishment of violations of provisions of this chapter. (Ord. 3427 § 1 (part), 1999.)
10.64.030 Definitions.
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:
A. “Alarm company” 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.
B. “Alarm site” 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.
C. “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 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.
D.
“Applicant” means a person who files an application for a new or renewal permit as provided in this chapter.
E.
“Audible alarm” means an alarm system that generates an audible sound on the premises when it is actuated.
F.
“Automatic shutoff device” means a mechanism that will cause the alarm system to shutoff and reset within
fifteen minutes.
G.
“City” means the City of Roseville.
H. “Direct dial telephone alarm” 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.
I.
“Duress alarm” or “holdup alarm” means an alarm signal generated by manual activation of a device intended
to signal a life threatening or emergency situation requiring a police response.
J.
“Excessive false alarms” means four or more false alarms within a rolling 12-month period. Alarms caused by
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power outage, severe storms, earthquakes, or other violent acts of nature shall not be included in determining an
excessive false alarm.
K. “False alarm” means an alarm signal necessitating response by the Roseville police department where a life
threatening or emergency situation does not exist.
L. “Notice” 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.
M.
“Permittee” means any person granted a permit as provided herein, and his or its agents and representatives.
N.
“Person” means any natural person, firm, partnership, association, corporation, or similar entity.
O.
“Police chief” means the police chief of the City of Roseville or designee.
P.
“Siren” 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. 4193 § 1 (part), 2005: Ord. 3427
§ 1 (part), 1999.)
10.64.040 Standards and regulations prescribed.
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. 3427 § 1 (part), 1999.)
10.64.050 Audible alarm requirements.
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.
4193 § 1 (part), 2005: Ord. 3427 § 1 (part), 1999.)
10.64.060 Alarm system permit required.
A. Individual Users. It is unlawful to activate, operate or maintain an alarm system upon any alarm site within
the city without possessing a current alarm system permit.
B. Alarm Company/Installers. It is unlawful to connect or activate an alarm system upon any property within the
city without first obtaining an alarm system permit. (Ord. 4948 § 1, 2011; Ord. 4193 § 1 (part), 2005: Ord. 3427 § 1
(part), 1999.)
10.64.070 Permit display at premises with system.
The permit 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. 3427 § 1 (part), 1999.)
10.64.080 Exemptions.
The provisions of this chapter are not applicable to audible alarms affixed to motor driven vehicles. (Ord. 3427 § 1
(part), 1999.)
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10.64.090 Notice of application information change.
Whenever any change occurs relating to the written information required by Section 10.64.140, the applicant or
permittee shall give written notice thereof to the Roseville police department within 20 days after such change. (Ord.
3427 § 1 (part), 1999.)
10.64.100 Transfer of permit prohibited.
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. 3427 § 1 (part), 1999.)
10.64.110 Alarm user instruction required.
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. 3427 § 1 (part), 1999.)
10.64.120 Direct dial alarm.
No person shall operate or maintain a direct dial telephone alarm system. (Ord. 3427 § 1 (part), 1999.)
10.64.130 Issuing authority.
The issuing authority for permits shall be the Roseville police department. (Ord. 3427 § 1 (part), 1999.)
10.64.140 Applications—Forms.
A. Applications for all permits required by this chapter shall be filed with the Roseville police department and
shall be accompanied by a fee of $35.00. Annual renewal permit applications are required and shall be accompanied
by a fee of $5.00. These fees are established to cover part of the cost of investigating and processing the applications
and permits and is not refundable. The Roseville police department shall prescribe the form of the application and
request such information as is necessary to evaluate and act upon the permit application.
B. The application for an alarm system 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 a portion of the costs incurred by the
city resulting from excessive false alarms. The cost recovery shall be accomplished through reimbursement payments
as set out in Section 10.64.160 of this chapter. (Ord. 4948 § 1, 2011; Ord. 3427 § 1 (part), 1999.)
10.64.150 Application—Investigation, denial and appeal.
The permit application shall be denied by the police chief 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 Sections 10.64.170 and 10.64.180. (Ord. 3427 § 1 (part), 1999.)
10.64.160 Excessive false alarm—Reimbursement.
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A. Whenever the police department responds to a false alarm, the permittee shall reimburse the city in
accordance with the following schedule:
Residences/Businesses
Burglary
Duress/Robbery
No Charge
No Charge
1.
First False Alarm
2.
Second False Alarm
$60.00
$60.00
3.
Third False Alarm
$85.00
$85.00
4.
Fourth False Alarm
$100.00
$150.00
5.
Fifth and Subsequent False Alarms
$150.00
$200.00
B.
Fines are 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. 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 undertaken to correct alarm system
deficiencies. (Ord. 4948 § 1, 2011; Ord. 4193 § 1 (part), 2005: Ord. 3427 § 1 (part), 1999.)
10.64.170 Grounds for suspension of police response to alarm site due to excessive false alarms,
denial, suspension or revocation of permit.
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 fines and/or charges imposed as a result of excessive false alarms at any alarm site; or
C.
Failure to comply with standards or regulations adopted pursuant to this chapter; or
D. 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. 4193 § 1
(part), 2005: Ord. 3427 § 1 (part), 1999.)
10.64.180 Denial, suspension or revocation of permit.
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
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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 excessive false alarm fines or charges; and
5.
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
10.64.140. 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 suspend a permit or the refusal of the police chief 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 a $75.00 fee to the city clerk. The 45-day period for suspended permits shall be tolled during the pendency
of any such appeal. (Ord. 4193 § 1 (part), 2005: Ord. 3427 § 1 (part), 1999.)
10.64.190 Fee exemptions.
The United States, the state of California, counties, municipal corporations, departments thereof and other
governmental entities are exempt from application fees required in Section 10.64.140. (Ord. 3427 § 1 (part), 1999.)
10.64.200 Violation—Penalty.
Violation of the provisions of this chapter shall be charged as an infraction. (Ord. 3427 § 1 (part), 1999.)
10.64.210 Public nuisance.
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. 3427 § 1 (part), 1999.)
10.64.220 Remedies cumulative.
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. 3427 § 1 (part), 1999.)
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