Sections:
This chapter shall be known as "The Burglary and Robbery Alarm Ordinance."
(Ord. No. 2644, § 1, 11-17-87)
It is the purpose of this chapter to protect the emergency services of this county from misuse, protect the public from misappropriation of public services, and establish an efficient method of billing for false/malfunctioning alarm activations.
(Ord. No. 2644, § 2, 11-17-87)
(a)
Alarm Company: Any person, firm, partnership or corporation, or other association conducting or engaging in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or monitoring alarm systems within Butte County.
(b)
Alarm System: A device or any assembly of equipment, mechanical or electrical, that, when tripped, emits, transmits or relays a signal intended to summon, or that could reasonably be expected to summon, police services of the county. "Alarm system" does not include:
(1)
An alarm installed on a vehicle, unless the vehicle is permanently located; nor
(2)
An alarm designed to alert only the inhabitants of a residence or business premises; nor
(3)
Alarm devices installed on a temporary basis by the sheriff's department.
(c)
Alarm User: The person, firm, partnership, association, company, corporation or organization of any kind that is in control of any building, structure or facility wherein an alarm system is maintained.
(d)
Answering Service: A telephone answering service providing or relaying messages to the sheriff's office for a police response to an activated alarm.
(e)
Automatic Dialing Device: An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.
(f)
Butte County: All areas within the county as defined in the California Government Code, title 3, section 23134, excluding the incorporated cities of Gridley, Oroville, Chico, Biggs and Paradise.
(g)
Emergency: Commission of a robbery, burglary or other crime against the alarm user on which an alarm system is maintained.
(h)
False Alarm: An alarm signal eliciting a police response when a situation requiring police response does not, in fact, exist. False alarms do not include:
(1)
Violent acts of nature; nor
(2)
Extraordinary circumstances not reasonably subject to control by the alarm user.
(i)
Faulty System: An alarm signal eliciting a police response which is a result of mechanical failure, malfunctioning equipment, or improper installation of the alarm system. These signals shall be considered a false alarm.
(j)
Interconnect: 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 the activation of the alarm system.
(k)
Primary Trunkline. Any telephone line, including 911 emergency lines, leading directly into the communications center of the sheriff's office, which are designed to receive emergency calls.
(Ord. No. 2644, § 3, 11-17-87)
(a)
Permit Required.
(1)
Except as otherwise provided hereafter, on or after January 1, 1988, it shall be unlawful for any person to install, connect, operate or cause to be installed, connected or operated, an alarm system in Butte County without first obtaining a valid alarm system permit.
(2)
Persons in possession of property which an alarm system is intended to protect shall be responsible for securing the alarm system permit, and said permit shall be issued only to the person who is in possession of the property which the alarm system is intended to protect. An alarm company which installs and/or connects an alarm system on a site other than the alarm company's own place of business shall not be in violation of this section, notwithstanding at the time of such installation and/or connection, no alarm system permit has been secured for the alarm system installed or connected.
(3)
Except as provided hereafter, an alarm system permit shall be issued to such person named in subsection (a)(2) of this section only if, at the time the permit is applied for, the alarm system operated or maintained or to be operated or maintained by such person has an automatic shutoff or reset feature which deactivates the alarm within thirty (30) minutes after it is first activated and which has an auxiliary power system capable of operating the system for at least four (4) hours in the event of the interruption or failure of utility power. Notwithstanding the foregoing, a permittee who maintains or operates an alarm system without an automatic shutoff or reset feature shall be subject to the provisions of section 40-10(f).
(4)
The sheriff shall issue the alarm system permit not later than forty-five (45) days following the date of application, unless the alarm system does not comply with the specifications contained in this chapter, the applicant has failed to pay the required fee or the application contains misrepresentation of fact.
(5)
In the event the sheriff denies a permit to an applicant for any of the reasons set forth in subsection (a)(4) of this section, the applicant shall have the right to a hearing concerning the denial pursuant to section 40-7
(b)
Application for Permit.
(1)
Applications for alarm system permits shall be filed with the sheriff on such forms as the sheriff may prescribe.
(2)
An applicant may apply for a single permit for multiple alarm sites on the same parcel or for separate permits for each alarm site. If an applicant chooses to apply for a separate permit for each alarm site, a separate application and permit fee shall be filed for each permit.
(c)
Required information.
(1)
Each alarm system permit application shall contain the following information:
a.
Name, address and telephone number of the person who will be the permit holder and of the person responsible for the proper maintenance and operation of the alarm system and payment of fees/penalties assessed under this chapter;
b.
Classification of the alarm site as either residential or commercial;
c.
Purpose of the alarm system, i.e., burglary, robbery, panic;
d.
Name, address and telephone number of the person(s) who will respond or will cause a response to the alarm site when notified of an alarm situation;
e.
System description of the automatic shutoff or reset feature of the alarm system which will deactivate the audible portion of the alarm system within thirty (30) minutes after it is first activated;
f.
System description of the auxiliary power supply of the alarm system which will sustain the alarm system for at least four (4) hours in the event of an interruption or failure of the utility power;
g.
Other information as may be reasonably required by the sheriff.
(d)
Information Changes. A permit holder shall inform the sheriff of any change that alters any information listed on the permit application within ten (10) days after such change.
(e)
Permit Fee.
(1)
Every application for an alarm system permit shall be accompanied by a nonrefundable fee in an amount specified in the Butte County Master Fee Schedule. This fee is imposed for the purpose of defraying the cost of processing and overseeing the permit process. The fee is subject to periodic adjustment based on the United States Department of Labor, Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
(2)
Every applicant shall be given a receipt for the aforesaid permit fee at the time such fee is paid and the application is approved. Persons exempt from payment of fees shall be issued a receipt as if a fee has been paid. The receipt shall serve as a temporary alarm system permit for a period not to exceed forty-five (45) days from the date on which the fee was paid, and shall be of no force or effect after the forty-five-day period expires, or after the alarm system permit is issued, whichever event occurs first.
(3)
Permit fees are for a three-year duration unless:
a.
The permit user moves to a different address; or
b.
The permit is revoked.
In either case, the unused portion of the fee shall be forfeited.
(4)
Persons exempt from permit fees include:
a.
Persons pursuant to Government Code Section 6103; and
b.
Residential alarm users over the age of sixty-five (65) who are the primary resident of the residence and if no business is conducted at the residence.
(f)
Transferability. An alarm system permit shall not be transferred to another person. If the person in possession of an alarm site protected by an alarm system changes, the new possessor shall obtain a new permit. When a new permit for a new possessor of an alarm site is obtained, the previous alarm history for that alarm site shall be erased and the new permittee shall start from zero (0) false alarms.
(Ord. No. 2644, § 4, 11-17-87; Ord. No. 3880, § 18, 6-22-04; Ord. No. 3971, § 19, 11-27-07; Ord. No. 4001, § 34, 3-24-09)
(a)
Required. Any person who maintains or has an alarm system which signals a false alarm (any signal by an alarm system which causes a police response when an emergency situation does not exist) shall pay a service fee to the County of Butte as adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.
These fees are subject to periodic adjustment based on the United States Department of Labor, Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.
(Ord. No. 2644, § 5, 11-17-87; Ord. No. 3880, § 19, 6-22-04; Ord. No. 3971, § 20, 11-27-07; Ord. No. 4001, § 35, 3-24-09)
(a)
When grounds as hereafter provided exist, the sheriff may determine to suspend a permit. Suspension of permits shall be for a maximum of three hundred sixty-five (365) calendar days. Notification to the sheriff by use of the alarm system by the permittee during a suspension of permit shall be a violation of this chapter. The following shall constitute grounds for suspension of an alarm permit:
(1)
Violation of any of the provisions of this chapter.
(2)
A false statement on the permit application.
(3)
Failure of the permittee or the permittee's representative to respond to the scene of an alarm within forty-five (45) minutes after being requested by the sheriff, and/or rendering necessary service. Necessary service shall include but not be limited to the opening of the premises so that it may be searched.
(4)
Twelve (12) or more false alarms during any period of six (6) consecutive calendar months.
(5)
Failure to pay within sixty (60) days of notification any civil penalty pursuant to this chapter.
(Ord. No. 2644, § 6, 11-17-87)
If an applicant for a permit is denied or a permittee's permit is to be considered for suspension pursuant to section 40-6, the sheriff shall serve on the applicant or permittee a written notice of the proposed action, including, in the case of a suspension, the length of the proposed suspension, and of the right to a hearing on the matter. Service shall be by certified mail to the applicant's or permittee's last-known address. Service shall be considered complete five (5) days after such mailing. The applicant or permittee may, within ten (10) calendar days after service of the sheriff's notification, file a request for hearing. Such request shall be in writing and mailed or deposited with the sheriff at 33 County Center Drive, Oroville, California, 95965. If the applicant or permittee fails to file a request for hearing within the time and in the manner prescribed above, the right to a hearing on the proposed denial or suspension shall be deemed to have been waived and the sheriff may proceed to deny or suspend the permit, according to the terms of the original notice of proposed action.
Upon receiving a written request for a hearing by the applicant or permittee, the sheriff shall serve on the applicant or permittee, by first class mail, a notice of the time and place of hearing. Service shall be made at least ten (10) calendar days prior to the date set for the hearing.
Upon the receipt of a written request for a hearing, in the case of a suspension action, the sheriff shall take no further suspension action until a hearing has been held pursuant to section 40-9 and the sheriff has the written decision of the hearing officer.
(Ord. No. 2644, § 7, 11-17-87)
The hearing prescribed by section 40-9 shall be conducted by an individual who is designated by the county administrative officer. The individual may be an employee of the county who is not assigned to the sheriff's department or otherwise subordinate to the sheriff, or an individual who is not an employee, retained pursuant to a contract to provide such services. The county administrative officer is hereby authorized to contract in the name of the county for the service of such a hearing officer at rates for such service which do not exceed seventy-five dollars ($75.00) per hour of service rendered.
(Ord. No. 2644, § 8, 11-17-87)
In the event of a request for a hearing by the permittee, pursuant to the provisions of this chapter, a hearing shall be conducted by the hearing officer. The sheriff shall carry the burden of proof that grounds exist for denial or suspension. The applicant or permittee may appear, present evidence, and examine and cross-examine witnesses. In the event the applicant or permittee fails to appear at the time, date and place appointed for the hearing, the hearing shall be conducted in the absence of the applicant or permittee and the hearing officer shall render a decision based upon evidence presented during the hearing. For good cause, the hearing may be continued upon request of either the sheriff, applicant or permittee. The hearing shall be tape recorded, and all documents presented as evidence shall be maintained, together with the tape, for six (6) months. At the request of either the sheriff, applicant, or permittee, the clerk of the board of supervisors shall, in behalf of the board, issue subpoenas for attendance of witnesses at the hearing.
At the conclusion of the hearing, the hearing officer shall issue a written decision, including findings of fact and conclusions. In the case of a permit suspension, the decision shall determine the length of the suspension. The decision of the hearing officer shall be final as to all parties. Any court action shall be brought within six (6) months of the final decision.
(Ord. No. 2644, § 9, 11-17-87)
(a)
No alarm system shall be installed or connected on or after January 1, 1988, which emits the sound of a siren. Any alarm system which emits the sound of a siren and which is installed and in operation prior to January 1, 1988, shall have that part of the alarm system disconnected prior to February 1, 1988.
(b)
Every alarm system permit shall be kept on the premises where the alarm system is installed.
(c)
No automatic dialing device shall be interconnected to a primary trunkline of the sheriff's department or 911 trunkline after January 1, 1988. Any such automatic dialing device so interconnected prior to January 1, 1988, shall be disconnected prior to February 1, 1988. The permittee of the alarm system shall be responsible for having the device disconnected. The relaying of messages to the sheriff's department by an automatic dialing device may not be interconnected directly to the sheriff's department, or indirectly to the telephone company operator, Butte County telephone operator, or 911 emergency center operator.
(d)
A robbery or panic alarm system is to be activated only in the event of a robbery, burglary, or life-threatening situation which is in progress. Any other use is prohibited. In those cases where the suspect of a robbery or burglary has fled the scene of the crime, the 911 emergency line is to be used for notification of the sheriff, and the alarm system shall not be activated. Violation of this section shall be a misdemeanor pursuant to Penal Code section 148.3.
(e)
The permittee shall notify the sheriff of any impending service, test or maintenance of the permittee's alarm system which may signal a false alarm. An alarm activated where such prior notice has been given shall not constitute a false alarm.
(f)
Any alarm system which generates an audible sound on the premises for a continuous period longer than one (1) hour shall be declared a public nuisance as set forth in the Penal Code section 370; and the permittee responsible for such alarm system shall be guilty of a misdemeanor, in accordance with Penal Code section 372.
(Ord. No. 2644, § 10, 11-17-87)
(a)
Except where punishment is otherwise provided in this chapter, any person violating any of the provisions of this chapter shall be deemed guilty of an infraction punishable by:
(1)
A fine not exceeding one hundred dollars ($100.00) for the first violation within one (1) year;
(2)
A fine not exceeding two hundred dollars ($200.00) for the second violation within one (1) year;
(3)
A fine not exceeding five hundred dollars ($500.00) for the third and successive violation within one (1) year.
The sheriff is hereby empowered, pursuant to sections 25132 and 25203 of the Government Code, to seek recovery of the fines and service fees and civil penalties by civil action in small claims court.
(b)
All remedies set forth in this chapter are cumulative and the use of one (1) or more remedies shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
(Ord. No. 2644, § 11, 11-17-87)
The provisions of this chapter are not intended nor shall they be construed to create a special relationship between Butte County and any alarm system permittee so as to create a duty on the part of the Butte County Sheriff to respond to any alarm. Neither shall the provisions of this chapter be construed as a waiver of any immunity provided governmental agencies for tort liability contained in the California Government Code.
(Ord. No. 2644, § 12, 11-17-87)