NOVATO POLICE DEPARTMENT

14-18 - Burglary and Alarm System Ordinance.

14-18.020 Purpose. The purpose of this chapter is to regulate the use of alarm systems and to reduce the incidents of false alarms at business and residential structures. This will give members of the police department more time to combat crime in Novato, thereby furthering the health, safety and welfare of the citizens of Novato.

This chapter is not enacted pursuant to the power to license or tax business for revenue purposes. Any fee or charge authorized by this chapter is for the sole purpose of defraying the cost and expense of investigation of applicants for licensing or registration, processing of applications, issuance of licenses or registrations, and regulation of the activities of the above mentioned alarm systems.

(Ord. No. 1440)

14-18.030 Definitions. For the purpose of this chapter, the following words and phrases shall have the meaning respectfully described to them by this section:

a. "Alarm Company" shall be defined as any person, retail establishment, organization, answering service, central station or modified central station, that installs, connects, or monitors burglary, robbery, or other alarm security systems for profit or other consideration.

b. "Alarm System" means any mechanical or electrical device which is designed or used for protection against 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, and which emits a sound or transmits a signal or a message, when activated. The following devices shall not constitute an alarm system within the meanings of this chapter:

Alarm devices affixed to motor vehicles; and
Alarm devices installed on a temporary basis by the police department.

c. "Alarm User" means any person, firm, partnership/corporation or other entity which uses an alarm system at its site.

d. "Permittee" means the person to whom an alarm system permit is issued.

e. "Answering Service" means a telephone answering service which provides, among its services, the reception, on a continuous basis, of emergency signals from an alarm system, and the subsequent immediate relaying of said messages based on such signals by live voice to the communication center of the police department.

f. "Automatic Dialing Device" means an alarm which automatically sends, over regular telephone lines, by direct connection or otherwise, a pre-recorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.

g. "Cancellation" means an alarm company has verified with the alarm user or responsible party, that a false dispatch has occurred and that there is not an existing situation at the alarm site requiring law enforcement agency response.

h. "Central Station" means an office to which alarm systems are connected, where operators supervise the circuits, and where guards and/or service persons are continuously present to investigate certain signals.

i. "Direct Line" means a telephone line leading directly from a central station to the communications center of the police department where said line is used only to report emergency signals on a person-to-person basis.

j. "Emergency" means the commission or attempted commission of a robbery or burglary, other felony or felony in commission.

k. Excessive False Alarms. An alarm system shall be deemed to actuate excessive false alarms when there are two or more false alarms within a consecutive 365-day period. If a permittee presents sufficient proof that a particular false alarm was caused by an event or acts specified in subsection 1 of this section, said false alarm shall not be counted against the permittee in determining whether the permittee's alarm system actuated the excessive false alarms.

l. "False Alarm" means the activation of an alarm system which results in a response by the police department where an emergency does not exist. False alarms which fall into the following four categories shall not be counted against a permittee under section 14-18.140 for the purpose of revocation of an alarm system permit. False alarms which the permittee can demonstrate were caused by severe storms, earthquakes, or other violent acts of nature; and False alarms which the permittee can demonstrate were actually caused by the act of some person other than:

An alarm user;
The person who installed, connected, operated, maintained or serviced the alarm system; or
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. 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.
False alarms which occur during the 30 days following the date of new alarm systems installation.
Alarm responses which were canceled prior to the officers arriving at the alarm location.

m. Felony. The word "felony" as defined in Penal Code Section 17, means a crime which is punishable by death or imprisonment in the State Prison.

n. "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 activation of the alarm system.

o. "Liaison" means the person designated by the Chief of Police to be available to alarm companies to help resolve disputed false alarms.

p. "Modified Central Station" means an office to which alarm systems are connected, where operators supervise the circuits but where guards are not present to investigate alarm systems.

q. "Panic Alarm" means any electrical or mechanical device assigned to enable an individual, 24 hours a day, to instantly alert others of the existence of an emergency (as defined in subsection j of this section) by the sounding of an audible alarm or transmitting a signal or message when activated.

r. "Primary Trunk Line" means a telephone line leading directly into the communications center of the police department, including 9-1-1 emergency lines for the purpose of handling emergency calls on a person-to-person basis, 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 police department's jurisdiction.

s. "Robbery Alarm System" means any device or system designed to be operated night or day to instantly transmit a silent signal to alert others of an actual armed robbery or hold up in-progress.

t. "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.

u. Special Trunk Line. The phrase "special trunk line" means a telephone line leading to the communications center of the police department and having the primary purpose of handling emergency signals or messages originating through a central station, modified central station, or answering service.

(Ord. No. 1440)

(Ord. No. 1549, § 1, 6-8-2010)

14-18.040 Alarm Company Duties. Alarm companies as defined in this ordinance shall not provide, install, or maintain any alarm system unless it complies with the provisions of this ordinance. Such companies must be licensed in accordance with the Business Professions Code section 7590 et seq.

a. Audible Alarm Systems—Siren Limitations.

No alarm system which emits the sound level of an emergency vehicle siren shall be installed or connected on or after the effective date of the ordinance codified in this chapter. This section shall not be construed to prohibit the use of certain electronic horns or howlers that may be approved by the police chief or his designated representative.
Any alarm system which emits a sound level of an emergency vehicle siren and which is installed and in operation prior to the effective date of the ordinance codified in this chapter shall be disconnected within 30 days after the effective date of the ordinance codified in this chapter. Anyone who installs or permits the installation of, or use of such an alarm system, is guilty of an infraction as provided in section 14-18.180(a)(1).

b. Automatic Shut-Off Required. Any alarm system installed or connected on or after the effective date of the ordinance codified in this chapter that, when activated, generates an audible sound on the exterior of the structure in which the system is maintained, shall have as part of the alarm system an automatic shut-off device which shuts off the alarm system within 10 minutes of the initial activation. Any alarm system installed and in operation prior to the effective date of the ordinance codified in this chapter that when activated generates an audible sound on the exterior of the structure in which the system is maintained, shall have such an automatic shut-off device, as described above, installed and in operation within 30 days after the effective date of this chapter.

Any person who uses, or causes the installation of an audible alarm system without the required shut-off is guilty of an infraction as provided in section 14-18.180(a)(1).
An alarm company who installed an audible alarm system without the required shut-off is guilty of an infraction as provided in section 14-18.180(a)(1).

c. Alarm Verification. Alarm companies shall attempt to verify every alarm signal, except robbery and panic alarm activations, before requesting a law enforcement response to that signal. An alarm signal found to be false shall be canceled.

d. Alarm User Records. Alarm companies shall maintain current information on alarm users to include, but not be limited to, the name, complete address and phone number of the user. It shall also include the name and phone numbers of at least two individuals who are able and willing to respond to the alarm site, are able to grant access to the alarm site, and can deactivate the alarm system should it be necessary.

(Ord. No. 1440)

14-18.050 Automatic Dialing Devices Prohibited.

a. No automatic dialing device shall transmit a signal directly to the Novato Police Department after the effective date of this ordinance. Any person who makes or permits the transmission of a signal directly to the police department is guilty of an infraction as provided in section 14-18.180 (a)(1).

b. Persons owning or leasing an automatic dialing device may have the device transmit a signal by use of a telephone line directly to:

A central station;
A modified central station; or
An answering service.

c. No automatic dialing device shall transmit a signal directly to a telephone company operator, a city telephone number, or 9-1-1 emergency center operator.

(Ord. No. 1440)

14-18.060 Robbery and Panic Alarm Systems.

a. Robbery Alarm System. A robbery alarm system is designed to be activated only in the event of a robbery. Any other use is prohibited. Any person who violates this subsection is guilty of either an infraction or a misdemeanor provided in section 14-18.180(a)(2).

b. Panic Alarm. The indiscriminate activation of a panic alarm by any person for a reason other than signifying an emergency as defined in section 14-18.030(h) is prohibited and is punishable in accordance with section 14-18.180(a)(1) of this chapter.

(Ord. No. 1440)

14-18.070 Permits Required.

a. Individual Users.

No property owner or person in possession of property shall cause an alarm system to be installed, connected, operated or maintained upon any parcel of real property within the city without first obtaining an alarm system permit. Said permit shall be issued in accordance with the provisions of this chapter. Any such person who causes an alarm system to be installed, connected, operated or maintained without first obtaining a permit as required in this section is guilty of an infraction as provided in section 14-18.180(a)(3).

b. Alarm Companies: Installation or Connection of Alarm Systems.

No alarm company shall install or connect an alarm system upon any real property within the city without first performing whichever of the following acts is most feasible: [a] Obtaining a copy of the alarm system permit from the permittee or the city; [b] Notifying the city by written declaration executed under penalty of perjury that the permit application and appropriate fees have been mailed or personally delivered to the city. This declaration shall be signed by an authorized agent of the alarm company; [c] Obtaining from the permittee a written declaration executed under penalty of perjury that the said user has previously mailed the permit application and fees to the city. The declaration shall be witnessed by the signature of an authorized agent of the alarm company. This declaration shall also be personally delivered or mailed to the city by the alarm company.
Either of the declarations listed in subsection (b)(1)(b) and (b)(1)(c) of this section shall be served or given the city within three business days of installing or connecting an alarm system.
Any alarm company who installs or connects an alarm system without complying with one of the requirements listed in subsection (b)(1)(a) through (b)(1)(c) of this section is guilty of an infraction as provided in section 14-18.180(a)(1).

c. Alarm Companies: Maintenance of Alarm Systems.

Once an alarm company has established that the subscriber of an alarm system to be installed or maintained by the alarm company has a valid permit or has complied with the provisions of section 14-18.070(b) the alarm company shall maintain the alarm system until such time it has been notified by Certified Mail of a revocation of the permits by the city in accordance with the provisions of this chapter or until the alarm user terminates the agreement. Where the service and alarm company has been notified of a revocation of a permit by the city, said company shall place the alarm system in a non-dispatch site status and police shall not be requested to respond to alarms from the system.

(Ord. No. 1440)

14-18.080 Permit Applications.

a. Permit Applications and Re-applications.

Application and re-application forms for an alarm system permit shall be obtained from the City of Novato finance department. Such applications and re-applications shall contain the name, address and telephone number of the person who will respond to the alarm or render service or repairs to the alarm during any hour of the day or night and such additional information as the chief of police shall deem reasonably necessary for the evaluation and proper processing of the permit application. Upon receipt of the completed permit application form and the permit application fee, the finance department will forward the application form to the chief of police. If approved, the permit shall be issued in the name of the subscriber only. Every alarm permit shall be kept on the premises where the alarm system is installed for use.
Any person who operates or maintains more than one alarm system on any business or residential property may, at his option, apply for a single permit for that particular property or for separate permits for each alarm system operated or maintained on said property; provided, however, that if such a person chooses to secure a separate permit for each alarm system, a separate application shall be submitted for each such system. If one permit is obtained for a number of alarm systems at one location, false alarms by any combination of those systems shall be counted towards the determination of excessive false alarms as provided in section 14-18.030(k). Where multiple permits exist for multiple systems at one address, false alarms will be charged to the proper permit or alarm system.

b. Confidentiality. The information furnished and secured pursuant to this chapter shall be confidential in nature and shall not be subject to public inspection. The information shall be kept so that the contents thereof shall not be disclosed except to persons charged with the administration of this chapter. It is hereby declared that the public interest is served by not making the information public clearly outweighs the public.

(Ord. No. 1440)

14-18.090 Permit Fee. Every application for an alarm system permit shall be accompanied by a non-refundable permit fee in an amount to be determined by resolution of the city council. The amount of the fee shall be established to defray cost of processing, permits and administering the alarm permit program and shall be in addition to any other permit fee imposed by the Novato Municipal Code.

(Ord. No. 1440)

14-18.100 Issuance of Permit.

a. By Whom Issued. The chief of police or his/her designated representative may issue an alarm system permit after the requirements of this chapter have been met. The chief of police may deny any application, renewal or re-application, or revoke any alarm system permit used to provide security for any illegal activity.

b. To Whom Issued. An alarm system permit may be issued to the owner or person in possession of the real property which the alarm system is designed to protect.

(Ord. No. 1440)

14-18.110 Terms of Permit — Notice to Alarm Company.

a. Terms of Permit. Each alarm system permit issued shall remain valid until such time one or more of the following conditions exist:

The location of the premises changes;
The ownership of the premises changes;
The alarm company changes;
The alarm system permit is revoked;
The alarm system is terminated by the subscriber.

b. Notice to Alarm Companies. Notice of revocation of alarm system permit by the city shall be served on the servicing alarm company.

(Ord. No. 1440)

14-18.120 Transfer or Assignment of Permit.

a. Any alarm system permit issued in accordance with the provisions of this chapter shall be valid only to the permittee named on the permit for the premises identified on the permit, and only for the particular system or alarm system specified on the permit. No alarm system permit shall in any way be transferred or assigned without the written consent of the chief of police. Any request to transfer an alarm system permit shall be in writing and accompanied by a reasonable non-refundable fee in an amount to be determined by resolution of the city council. False alarms previously charged to the transferor shall not be charged to the transferee; provided, however, that the chief of police may deny any request to transfer an alarm system permit where after investigation it appears that the transfer is requested for the purpose of allowing the transferor to avoid responsibility for prior false alarms.

(Ord. No. 1440)

14-18.130 Re-application for a Permit — Background Investigation — Re-issuances of Permit. Any permittee whose alarm system permit(s) is/are revoked may reapply for a new alarm system permit, but only in accordance with the procedures set forth in this section.

a. Re-application for Permit. All re-applications shall be submitted directly to the chief of police or his/her designee on such forms as may be prescribed. A re-application fee in an amount to be determined by the resolution to the city shall be charged.

b. Background Investigation. The chief of police or his/her designated representative shall investigate each re-application 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 a reasonable duration.

c. Re-issuance of Permit. If after investigation, and in his/her sole discretion, the chief of police or his/her designated representative 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 owner or person in possession of the parcel of real property which the alarm system is sought to protect. The chief of police or his/her designated representative may impose such conditions on the alarm system permit as he deems reasonably necessary to insure that the permittee will comply with the provisions of this chapter.

(Ord. No. 1440)

14-18.140 Police Review of False Alarms.

a. Any permittee, who has two or more false alarms within a consecutive 365-day period shall be subject to fines and/or revocation as provided herein.

b. For each false alarm recorded between two and 12 within a consecutive 365-day period:

The police department shall notify both the permittee and the alarm company by mail of such fact, and direct a report to the chief of police or his/her designee.
Upon review of the report by the chief of police or his/her designee, a determination will be made, based on all of the information available, whether a fine will be assessed against the permittee. If a finding to assess a fine is made, a notice of the fine shall be mailed to both the permittee and the alarm company, if any. The notice shall specify the details of all excessive false alarms.
The fine(s) imposed pursuant to this subsection b. shall be in accordance with section 14-18.180(a)(3).

(Ord. No. 1440)

(Ord. No. 1549, § 2, 6-8-2010)

14-18.150 Alarm System Prohibitions.

a. Upon a final determination to impose a fine pursuant to section 14-18.140 and 14-18.180(a) of this chapter for the second and any subsequent false alarm within a consecutive 365-day period, the responsible party shall tender the fine assessed within 30 days of the date ordered. In the event the fine is not tendered, the continued operation of the alarm system by the permittee is unlawful and the unpaid balance will be subject to a charge of one and one-half percent per month, compounded monthly, in addition to the fine. The chief of police or his/her designee may revoke the alarm permit(s) of any permittee who has failed to tender any fine within 30 days of the date ordered.

(Ord. No. 1440)

(Ord. No. 1549, § 3, 6-8-2010)

14-18.160 Appeal Procedures.

a. Any party aggrieved by a decision by the chief of police or his/her designee made pursuant to section 14-18.140 may, within 10 days of receipt of notice of the decision, appeal to an administrative hearing officer designated by the city manager by filing a written appeal with the chief of police or his/her designee. The hearing officer shall be a person other than the chief of police or his/her designee.

b. The written appeal shall set forth the specific objections to the decision of the chief of police which form the basis of the appeal.

c. The hearing officer shall set a time and place for the hearing as soon as practicable.

d. The hearing process shall be conducted in an informal process:

The hearing officer shall not be bound by the technical rules of evidence in the conduct of such hearings.
All parties to the hearing shall have the right to present evidence in support or in opposition to the decision of the chief of police or his/her designee.

e. The decision of the hearing officer shall be based on the evidence presented, and shall either:

Affirm the decision of the chief of police or his/her designee, in which case any fee imposed or permit revoked pursuant to sections 14-18.140 and 14-18.180(a) shall be sustained; or
Reverse the decision of the chief of police or his/her designee, in whole or in part, in which case no fee, no revocation, or a lessor fee shall be imposed.

(Ord. No. 1440)

14-18.170 Notices. Except as otherwise provided in this chapter, any notice or other written proof required by this chapter to be served or given to any person shall be in writing and shall be duly served and given when personally delivered to the person to whom it is directed or, when deposited in United States mail, First Class postage, pre-paid, addressed to the last known address of the person to whom it is directed.

(Ord. No. 1440)

14-18.180 Violations.

a. Penalties. Except where punishment is specifically provided elsewhere in this code, any person who violates any provision of this chapter is subject to the following terms and penalties:

Violation of sections 14-18.040(a)(1), 14-18.040(b)(1), 14-18.040(b)(2), 14-18.040(d), 14-18.050(a), 14-18.060(b), 14-18.070(b) and 14-18.070(c) are infractions punishable by [a] a fine not exceeding one hundred dollars ($100.00) for the first violation; [b] a fine not exceeding two hundred dollars ($200.00) for the second violation within one year of a prior violation; and [c] a fine not exceeding two hundred and fifty dollars ($250.00) dollars for the third and each successive violation within one year of a prior violation.
A violation of section 14-18.060(a) may be filed as either a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the County Jail not exceeding six months, or both.
A violation of section 14-18.070(a)(1) is an infraction punishable as provided in section 14-18.180(a)(1). The permittee is liable to the city for a fee of one hundred and seventeen dollars ($117.00) per false alarm upon the second fourth false alarm and upon any alarm exceeding one false alarm for the cost of providing police response where an emergency does not exist. The permittee is responsible for payment of any fees imposed.

b. Enforcement. The conviction or punishment of any person for violating the provisions of this chapter or for failing to secure a permit as required in this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction or punishment, nor shall payment of any permit fee bar a criminal prosecution for violation of any provisions of this chapter. 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. The amount of any permit fee due and owing shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent 30 days from the date they are due and payable.

(Ord. No. 1440)

(Ord. No. 1549, § 4, 6-8-2010)

14-18.190 Applicability to Existing Alarm Systems. The provisions of this chapter shall apply to all alarm systems which were installed, connected, operated or maintained on or prior to the effective date of this chapter.

(Ord. No. 1440)

14-18.200 Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance.

The city council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied.

(Ord. No. 1440)

14-18.210 Publication and Effective Date. The ordinance codified in this chapter shall be published in accordance with applicable provisions of law, by either:

a. Publishing the entire ordinance once in the Novato Advance, a newspaper of general circulation, published in the City of Novato, within 15 days after its passage and adoption; or

b. Publishing the title or appropriate summary in the Novato Advance at least five days prior to adoption, and a second time within 15 days after its passage and adoption with the names of those city council members voting for and against the ordinance; and This ordinance shall go into effect 30 days after the date of its passage and adoption.

(Ord. No. 1440)

Alarm Ordinance