CHAPTER 8.44
INTRUSION DETECTION DEVICES AND BURGLAR ALARM SYSTEMS
§ 8.44.010. Purpose.
The purpose of this chapter is to establish standards and controls for the various types of intrusion, hold-up and other emergency signals from alarm systems for which police response or investigation is expected, and for the businesses and persons installing and servicing said systems in order to protect the public health, welfare, and safety.
(Prior code § 5-400)
§ 8.44.020. Definitions.
For the purpose of this chapter, the following definitions shall apply and are listed below alphabetically:
"Alarm agent" means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described herein.
"Alarm company operator" means any person who, for any consideration whatsoever, engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service alarm systems or who responds to alarm systems except for any alarm agent. Alarm company operator, however, does not include a business which merely sells from a fixed location or manufacturers alarms systems unless the business services, installs, sells on premises, monitors, or responds to alarm systems at the protected premises.
"Alarm system" means any mechanical and/or electrical device designed for the detection of an unauthorized entry on premises, or for alerting others of the commission of an unlawful act or both; and when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and to which police are expected to respond.
Alarm systems include, but are not limited to, silent alarms, audible alarms, proprietor alarms, and direct dial telephone devices. The following devices shall not constitute alarm systems within the meaning of this section:
- Devices which are not installed, operated, or used for the purpose of reporting an emergency to the Police Department.
- Alarm devices affixed to motor vehicles, trailers or trailer coaches (as defined in California Vehicle Code Sections 415, 630 and 635), vessels, or aircraft.
- Alarm devices installed on a temporary basis by the Police Department.
"Alarm user" means any person using an alarm system at his or her place of business or residence.
"Audible alarm" means a device designed for the detection of an unauthorized entry on, or an attempted entry into premises or a structure; or for alerting others of the commission of an unlawful act, or both, and which, when actuated, generates an audible alarm on the premises.
"Automatic calling/dialing system" means an alarm system which automatically sends over telephone lines, by direct connect or otherwise, a recorded message indicating an emergency situation exists.
"Central monitoring station" means any office, station, or telephone answering service where person(s) monitor and/or receive emergency signals from alarm systems, and thereafter, relay messages from such signals by live voice to the Stockton Police Department Telecommunications Center.
"Chief of Police" means the Chief of Police of the City or designated representative.
"Direct connect" means an alarm system which has the capability of transmitting system signals to, and receiving them at, an agency maintained by a local government entity such as the City at its Stockton Police Department Telecommunications Center.
"False alarm" means the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance, or the negligence of the owner, lessee, or of his or her employees or agents, which necessitates response by the police when an emergency condition does not exist; provided, however, alarms caused by acts of nature such as earthquakes, floods, tornadoes, or other violent, uncontrollable acts of nature shall not be considered false alarms.
"Nonpriority" means that police response to the activation of an alarm shall not be given precedence over other calls and will be predicated upon availability of police units and other service needs.
"Person" means any individual, partnership, corporation, or other entity.
"Proprietor alarm" means an alarm system which does not anticipate a police response when activated. It is a device which is not designed or used to register an audible, visible, or perceptible signal outside or away from the protected premises.
"Silent alarm" means any mechanical and/or electrical device designed for the detection of unauthorized entry on premises or for alerting another of the commission of an unlawful act which transmits a signal to a monitored, remote location.
"Standby power backup" means any auxiliary, secondary, or back-up power source capable of supplying adequate power to properly operate an alarm system should the primary power source be interrupted.
(Prior code § 5-401)
§ 8.44.030. Alarm company operator registration.
It is unlawful for any person to own, manage, conduct, or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing, or monitoring of an alarm system in any building, place, or premises within the City without first having registered with the Police Department; provided, however, such registration shall not be recorded for any business which only sells or leases said alarm systems from a fixed location unless such business services, installs, monitors, or responds to such alarm systems at the protected premises. Registration shall be accomplished by furnishing the full name of the business and a copy of the State-issued license for the business.
(Prior code § 5-402; Ord. 004-11 C.S. § 1, eff. 3-17-11)
§ 8.44.040. Alarm agent registration.
It is unlawful for any person to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing of an alarm system in or around any building, place, or premises within the City without first having registered his or her full name and having filed with the Chief of Police a copy of his or her State-issued identification card; provided, however, nothing herein shall require a person to be so registered in order to install, service, repair, alter, replace, or move an alarm system on the premises owned or occupied by that person, and, further provided, nothing herein shall require a person to so register when that person is merely a salesman for any business which is not required to obtain an alarm business permit, under the provisions of this chapter, if such salesman does not engage in any other activity related to alarm systems apart from selling.
(Prior code § 5-403; Ord. 004-11 C.S. § 1, eff. 3-17-11)
§ 8.44.050. Notification of changes.
Any alarm business registered with the Police Department shall, within 30 days, report to the Chief of Police any change of business name, address, or ownership.
(Prior code § 5-404)
§ 8.44.060. Alarm user's permit.
A. No person shall install, cause to be installed, use, maintain, or possess an alarm system on the premises owned or in the possession or control of such person within the City without first having obtained an alarm user's permit from the Chief of Police of the City, in accordance with this section.
B. The application for an alarm user's permit shall be submitted on a form prescribed by the Chief of Police and shall include the address of the premises wherein the system is to be located and the name, address, and telephone number of the applicant and the person(s) who will respond to an alarm and provide access during any hour of the day or night, and any such additional information that the Chief of Police shall deem necessary for the evaluation and proper processing of the permit application.
C. Any permittee who operates or maintains more than one alarm system upon any particular property may, at the permittee's option, apply for a single permit for that particular property or for separate permits for each alarm system operated or maintained; provided, however, that if such permittee chooses to secure separate permits for each alarm system, a separate application shall be submitted for each such system and a separate permit fee shall accompany each such application.
D. The application shall be accompanied by a nonrefundable fee on a fee schedule established by the City Council of Stockton. The permit shall expire according to the schedule of permits and fees established by the City Council, at which time a renewal fee will be collected in accordance with the schedule of permits and fees applicable at the time of renewal.
E. Permit fees shall be paid in full at the time of application according to the schedule of permits and fees established from time to time by the City Council. A commercial/industrial permit shall expire at the end of the calendar year in which the permit was issued. A residential permit shall expire at the end of the calendar year, two years after the permit was issued. Permit renewal fees shall be paid no later than the first day of the calendar year in accordance with SMC Section 8.44.080. Permit fees shall not be prorated.
F. Nothing in this chapter shall be construed to require any police response to alarm devices. The issuance of the alarm user's permit does not entitle the holder to any special level of police service to an alarm device. All fees associated with this chapter shall be deposited into the General Fund. A portion of the fees deposited in the Fund shall be used to offset costs associated with administering the provisions of this chapter. All police responses to alarm devices will be made in accordance to the alarm response policy established by the Chief of Police.
(Prior code § 5-405; Ord. 2024-12-03-1219, 12/3/2024)
§ 8.44.070. Fee exemptions.
The United States Government, the State of California, counties, municipal corporations, and departments thereof are exempt from fees required in this chapter.
(Prior code § 5-406)
§ 8.44.080. Expiration of permits.
A. Length of Permit Period. Each alarm use permit shall be valid as follows:
- Commercial/Industrial - from the date the application is approved, through the end of the calendar year in which it was issued.
- Residential - from the date the application is issued, through two calendar years after the year in which the permit was issued.
B. Application for Renewal. If an application for renewal is not filed with the Chief of Police within 30 business days prior to the permit's expiration date, the permit may be canceled, and should it be determined the alarm system continues to be activated prior to obtaining a new permit, the permittee shall be in violation of this chapter and punishable as defined in Section 8.44.230. The permit renewal fee shall accompany the renewal application.
C. If the permit is revoked prior to the renewal date, the alarm system shall be deactivated and a new permit shall be obtained in compliance with current regulations, and a new permit fee shall be charged pursuant to SMC Section 8.44.060. The date of issuance is the date shown on the permit. If a permit is not renewed, or it is revoked, the alarm system shall not be operated until a new permit is obtained.
(Prior code § 5-407; Ord. 004-11 C.S. § 1, eff. 3-17-11; Ord. 2024-12-03-1219, 12/3/2024)
§ 8.44.085. Revocation and reissuance of alarm use permits.
A. An alarm user permit may be revoked if good cause exists. Good cause for revocation shall include, but not be limited to:
- Failure to take corrective measures to prevent false alarms;
- Failure to pay service fees resulting from excessive false alarms.
a. Pursuant to SMC Section 8.44.110, excessive shall mean more than two false alarms during any 90-day period, which begins on the date of, and includes, the first false alarm.
B. Notice of alarm permit revocation shall be made by the Chief of Police to the permittee by certified or registered mail.
C. Use of an alarm system after permit revocation notification has been issued is unlawful and may result in an administrative fine issued by the Chief of Police or designee in accordance with Section 1.32.030 through 1.32.070 of the Stockton Municipal Code.
D. Revoked permits may be reissued by the Chief of Police if the former permittee can show that action has been taken to correct the cause or causes which resulted in the revocation of the original alarm use permit. Reissuance of an alarm use permit shall be accomplished by the same procedure as the issuance of a new permit.
(Ord. 004-11 C.S. § 2, eff. 3-17-11; Ord. 2024-12-03-1219, 12/3/2024)
§ 8.44.087. Expiration and renewal for change of ownership.
Permits for residences shall automatically expire upon change of ownership of the real property where the alarm is located. If a permit is not renewed, the alarm system may not be operated until a new permit is issued.
(Ord. 004-11 C.S. § 2, eff. 3-17-11)
§ 8.44.090. Notice of name of service person or occupant.
Every person maintaining an alarm system shall either post or file with the Police Department a notice containing the names and telephone numbers of persons to be notified in case of emergency or alarm activation or to render service to the system during any hour of the day or night. The person's name shall include the occupant of the premises or the alarm business, or the agents responsible for the maintenance of the system. If posted, such notice shall be placed near the front door of the structure containing the alarm system or at the front gate if the structure is fenced; said notice shall be posted in such a position as to be clearly visible and legible from the ground level adjacent to the structure or fence. It shall be the duty of the alarm user to maintain such notice current, whether posted or filed, with the Police Department.
(Prior code § 5-408)
§ 8.44.095. Transferability of permit.
Any permit issued in accordance with the provisions of this chapter shall be valid only as to the permittee and location identified on the permit and is not transferable.
(Ord. 004-11 C.S. § 2, eff. 3-17-11)
§ 8.44.100. Audible alarms.
Audible alarms must be in compliance with Ordinance 3457-C.S., Stockton Municipal Code, Section 8.20.030(B)(1)(b) which requires a 20-minute cutoff for all audible alarms. If the alarm signal emits an alarm signal in excess of the allowed 20-minute limit, the alarm shall be declared a nuisance.
(Prior code § 5-409)
§ 8.44.105. Alarm system standards.
Effective April 1, 2011, all alarm businesses shall install on all new installations and all service replacements only alarm panels that meet the Underwriters Laboratories Control Panel-01 (UL CP-01) listing and comply with the American National Standards Institute/Security Industry Association (ANSI/SIA) CP-01 standard for alarm control panels.
(Ord. 004-11 C.S. § 2, eff. 3-17-11)
§ 8.44.110. False alarms.
False alarms as defined in this chapter will be subject to review according to a false alarm policy established by the Chief of Police. In accordance with this policy, a service fee will be charged by the City for excessive false alarms or failure to respond to alarms by alarm owners or their designated representative. It is unlawful to activate an alarm designed to communicate an emergency situation for nonemergency purposes. Emergency for the purpose of this chapter shall be defined pursuant to (Penal Code 653y(d)).
A. Excessive shall mean more than two false alarms during any 90-day period, which begins on the date of, and includes, the first false alarm.
B. Pursuant to SMC Section 8.44.190, excessive false alarms may result in police services no longer responding to an alarm at that location.
C. The false alarm service fee shall be determined, from time to time, as approved by the City Council.
(Prior code § 5-410; Ord. 004-11 C.S. § 1, eff. 3-17-11; Ord. 2024-12-03-1219, 12/3/2024)
§ 8.44.115. Appeals.
A. Any person who is denied an alarm use permit, or whose alarm use permit has been revoked, or who is denied an alarm use permit reissuance, or whose location the Chief of Police has determined there will be no response by police services to an alarm in accordance with SMC Section 8.44.190, or who has received an alarm service charge assessment, may appeal the action in writing to the City Manager or designee within 15 business days of the denial, revocation, denial of reissuance, or assessment of a service charge. Within 30 business days of receipt of an appeal, the City Manager or designee shall render a written decision on the appeal. If the appeal is denied, such decision shall be effective immediately upon personal service to the applicant/permittee or shall be effective five calendar days after being deposited with the United States Postal Service. The decision of the City Manager or designee shall be final.
B. Any person who has received an Administrative Fine associated with a Notice of Violation/Administrative Citation may appeal the fine in accordance with SMC Sections 1.32.030 through 1.32.070.
(Ord. 004-11 C.S. § 2, eff. 3-17-11; Ord. 2024-12-03-1219, 12/3/2024)
§ 8.44.120. Standby power backup source.
A. No alarm system shall be installed or connected on or after April 1, 2011, which does not 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 and reverse must occur in a manner which does not activate the alarm. The backup power supply shall be capable of powering the alarm system on a continuous basis for a minimum of two hours.
B. On or after April 1, 2011, no owner of an alarm system within the City shall have in operation any alarm system unless such alarm system is equipped with a standby power backup source as required by this chapter.
(Prior code § 5-411; Ord. 004-11 C.S. § 1, eff. 3-17-11)
§ 8.44.130. Responsibility for alarm service—Audible or silent.
A. In case of either an audible or a silent alarm, the person or persons named in the posted notice or a person whose name is on file with the Police Department as a designated responding party as required under this section shall, upon proper notification, proceed immediately to the location of the activated alarm and provide access to the premises to allow the Police Department to properly secure such premises.
B. All alarm service companies which contract to provide alarm response services shall maintain service personnel on duty 24 hours a day to provide for such responses. Should a responsible owner or his or her designated representative fail to respond to an alarm location within a reasonable amount of time (normally 20 minutes) upon proper notification, or fail to respond to the alarm location at all, the responsible party will be subject to a service fee to be determined by the City Council. The service fee will be for the services rendered in determining the cause of the failure to respond to the alarm or the alarm service company. Failure to pay the required service fee will be a violation of this chapter, and, in addition, may result in termination of response by the Police Department to future alarms at the permitted alarm location.
(Prior code § 5-412)
§ 8.44.140. Monitoring alarm services.
Every alarm business which monitors an alarm system located within the City shall maintain on file a current listing of all such alarm systems, including the name, address, and telephone number of the individual or individuals from whom entry to the premises can be obtained. Said information shall be available to the Police Department upon request of any authorized representative thereof.
(Prior code § 5-413)
§ 8.44.150. Alarm agents—Registration in possession.
Every person engaged in installing, repairing, servicing, altering, replacing, moving, or removing an alarm system as defined herein on any premises within the City, other than those owned or occupied by said person, shall carry on his or her person at all times, while so engaged, a valid State of California Alarm Agent's Registration Card and shall display such card to any Police Officer or authorized City representative upon request.
(Prior code § 5-414)
§ 8.44.160. Automatic calling devices.
No person shall use or operate, attempt to use or operate, or cause to be used or operated any device or combination of devices that is arranged, adjusted or programmed so that it will upon activation, either mechanically, electronically, or by other automatic means, initiate, call and deliver a recorded message to any telephone number assigned to the Stockton Police Department Telecommunications Center without the prior written consent of the Chief of Police, nor shall any person so arrange, adjust, or program such device without such permission.
(Prior code § 5-415)
§ 8.44.170. Audible alarms—Not to be sirens.
It is unlawful to install an intrusion detection device or alarm system that upon actuation emits the sound of a siren. Any alarm system which emits the sound of a siren, and which was installed and in operation prior to April 1, 2011, shall have that part of the system which emits the sound of a siren disconnected on or before April 1, 2012.
(Prior code § 5-416; Ord. 004-11 C.S. § 1, eff. 3-17-11)
§ 8.44.180. Instruction on operation of alarm systems.
It shall be the responsibility of the company installing an alarm system to instruct and reinstruct his or her subscriber and/or the occupant of the premises wherein said system is installed in the proper use and operation of said device of alarm, whether silent or audible, specifically including all the necessary instruction in turning off said alarm and avoiding false alarms.
(Prior code § 5-417)
§ 8.44.190. Response requirements.
A. Police have the option to discontinue response to any alarm site as determined by the policy established by the Chief of Police .
B. All alarm businesses and their central monitoring stations shall attempt to verify all intrusion (burglary) alarms by any one of the following methods prior to requesting police response:
- Video verification (VV) where a video signal is sent to the alarm company and there is visual evidence of possible criminal activity at the premises.
- Listen In or audio technology is employed and the alarm monitoring operator hears evidence that there is potential criminal activity at the premises.
- Multi-zone activation when there has been alarm activation in two or more separate monitoring zones and the alarm company's monitoring station has been unsuccessful in its attempt to contact the premises and/or representative.
- On-site human verification of a crime or problem (eye witness).
- Enhanced Call Verification per American National Standards Institute/Security Industry Association (ANSI/SIA) standard whereby at least two calls to two different phone numbers have been made to verify that an actual emergency exists.
C. Police will respond to alarms that have been verified as presenting evidence of possible criminal activity, in accordance with the policy established by the Chief of Police. Police may respond to alarms that have not been verified by one of the prescribed methods, in accordance with the policy established by the Chief of Police.
(Prior code § 5-418; Ord. 004-11 C.S. § 1, eff. 3-17-11)
§ 8.44.200. Liability limitation.
The City shall be under no duty or obligation to holders of alarm use permits or to any other persons by reason of any provision of this chapter. This includes, but is not limited to, delays in transmission and/or responses to an alarm call or failure to respond to an alarm call.
(Prior code § 5-419; Ord. 004-11 C.S. § 1, eff. 3-17-11)
§ 8.44.210. Confidentiality of information.
The information furnished and secured pursuant to this chapter shall be confidential in character, shall not be subject to public inspection, and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter.
(Prior code § 5-420)
§ 8.44.220. Administration—Regulations.
The provisions of this chapter shall be administered and enforced by the Chief of Police. He or she is authorized to make inspections of the intrusion detection devices and the alarm systems, and of the premises whereon said devices or systems are located. He or she shall have the power and shall enforce such rules and regulations as may be adopted by the City Manager to implement the provisions of this chapter.
(Prior code § 5-422; Ord. 004-11 C.S. § 1, eff. 3-17-11)
§ 8.44.230. Violation of chapter.
A. Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of either an infraction as provided under Section 1.08.010 of the Stockton Municipal Code, or may be assessed an administrative fine issued by the Chief of Police in accordance with Sections 1.32.030 through 1.32.070 of the Stockton Municipal Code.
B. Service Fees. As authorized within this chapter, some violations may result in a service fee being charged rather than a fine being assessed. Service fees may be appealed pursuant to SMC Section 8.44.115.
C. Enforcement. The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter.
D. All remedies shall be cumulative, and the use of one or more remedies by the City shall not .
3-17-11; Ord. 2024-12-03-1219, 12/3/2024)
§ 8.44.240. 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 date on which the ordinance codified in this chapter becomes effective; provided, however, that the permits required for existing alarm systems shall be obtained within 180 days from and after the date on which said ordinance becomes effective.
(Prior code § 5-424)