SEC. 5-400. 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.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-401. DEFINITIONS:
For the purpose of this Chapter, the following definitions shall apply and are listed below alphabetically:
(a) "Alarm Agent" shall mean 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.
(b) "Alarm Company Operator" shall mean 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.
(c) "Alarm System" shall mean 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:
(1) Devices which are not installed, operated, or used for the purpose of reporting an emergency to the Police Department.
(2) Alarm devices affixed to motor vehicles, trailers or trailer coaches (as defined in California Vehicle Code Sections 415, 630 and 635), vessels, or aircraft.
(3) Alarm devices installed on a temporary basis by the Police Department.
(d) Alarm User: Shall mean any person using an alarm system at his place of business or residence.
(e) Audible Alarm: Shall mean 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.
(f) Automatic Calling/Dialing System: Shall mean an alarm system which automatically sends over telephone lines, by direct connect or otherwise, a recorded message indicating an emergency situation exists.
(g) Central Monitoring Station: Shall mean 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.
(h) Chief of Police: Shall mean the Chief of Police of the City of Stockton or his designated representative.
(i) Direct Connect: Shall mean 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 of Stockton at its Stockton Police Department Telecommunications Center.
(j) False Alarm: Shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance, or the negligence of the owner, lessee, or of his 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.
(k) Nonpriority: Shall mean 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.
(l) Person: Shall mean any individual, partnership, corporation, or other entity.
(m) Proprietor Alarm: Shall mean 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. (n) Silent Alarm: Shall mean 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.
(o) Standby Power Backup: Shall mean 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.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-402. ALARM COMPANY OPERATOR REGISTRATION:
It shall be 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 of Stockton 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. There will be no charge for such registration.
(Repealed and Added by Ordinance 3803-C.S. —Effective Sept. 6, 1984)
SEC. 5-403. ALARM AGENT REGISTRATION:
It shall be 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 of Stockton without first having registered his full name and having filed with the Chief of Police a copy of his 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 Ordinance, if such salesman does not engage in any other activity related to alarm systems apart from selling. When registration is required, there will be no charge for registration.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-404. NOTIFICATION OF CHANGES:
Any alarm business registered with the Police Department shall, within thirty (30) days, report to the Chief of Police any change of business name, address, or ownership.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-405. ALARM USER'S PERMIT:
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 of Stockton without first having obtained an Alarm User's Permit from the Chief of Police of the City of Stockton, in accordance with this Section.
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.
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.
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.
Permit fees shall be paid in full at the beginning of each calendar year according to the Schedule of Permits and Fees established by the City Council. Permit fees shall not be prorated.
Nothing in this alarm ordinance 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. The fees will be used to offset costs to control false alarms and maintain records of existing alarm systems in the City. All police responses to alarm devices will be made in accordance to the alarm response policy established by the Chief of Police.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-406. FEE EXEMPTIONS:
The United States Government, the State of California, counties, municipal corporations, and departments thereof are exempt from fees required in this chapter.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-407. EXPIRATION OF PERMITS:
Permits for residences shall automatically expire upon change of ownership of the real property where the alarm is located, or after three (3) years. Permits for alarms directly connected to the Police Department or business alarm systems shall be renewed at the beginning of each calendar year. Permits are nontransferable.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-408. NOTICE OF NAME OF SERVICEMAN 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.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-409. AUDIBLE ALARMS:
Audible alarms must be in compliance with Ordinance 3457-C.S., Stockton Municipal Code, Section 5-702, Subsection B.1.b., which requires a twenty-minute cutoff for all audible alarms. If the alarm signal emits an alarm signal in excess of the allowed twenty-minute limit, the alarm shall be declared a nuisance.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-410. 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 false alarms or failure to respond to alarms by alarm owners or their designated representative. A service fee will be charged for each false alarm for all alarms directly connected to the Stockton Police Department Telecommunications Center and for all alarms directly activated by an alarm user, either electronically or mechanically. It shall be unlawful to activate an alarm designed to communicate an emergency situation for nonemergency purposes. Emergency for the purpose of this Chapter shall mean the commission of a felony crime.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-411. STANDBY POWER BACK-UP SOURCE:
No alarm system shall be installed or connected on or after the date this Chapter becomes effective which does not have a standby back-up 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 back-up source and reverse must occur in a manner which does not activate the alarm. The back-up power supply shall be capable of powering the alarm system on a continuous basis for a minimum of two (2) hours.
On or after one (1) year from the effective date of this Chapter, no owner of an alarm system within the City of Stockton shall have in operation any alarm system unless such alarm system is equipped with a standby power back-up source as required by this Chapter.
(Repealed/Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-412. RESPONSIBILITY FOR ALARM SERVICE — AUDIBLE OR SILENT:
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.
All alarm service companies which contract to provide alarm response services shall maintain service personnel on duty twenty-four (24) hours a day to provide for such responses. Should a responsible owner or his designated representative fail to respond to an alarm location within a reasonable amount of time (normally twenty (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.
(Repealed and Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-413. MONITORING ALARM SERVICES:
Every alarm business which monitors an alarm system located within the City of Stockton 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.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-414. 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 of Stockton, other than those owned or occupied by said person, shall carry on his 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.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-415. 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.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-416. AUDIBLE ALARMS — NOT TO BE SIRENS:
It shall be 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 the date this Chapter becomes effective, shall have that part of the system which emits the sound of a siren disconnected within one (1) year from the date this Chapter becomes effective.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-417. INSTRUCTION ON OPERATION OF ALARM SYSTEMS:
It shall be the responsibility of the company installing an alarm system to instruct and reinstruct his 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.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-418. INTRUSION DETECTION DEVICES TERMINATING AT CITY FACILITIES:
Any intrusion detection device or alarm system which when activated causes an alarm to be sent directly to the Stockton Police Department Telecommunications Center or any other Police Department terminal, either by self-dialing prerecorded notification units, telephone lines, radio waves, or any other means, must meet the standards for installation and equipment as established by the Underwriters Laboratories, Inc., or other approved testing laboratory. The City Council may, upon Resolution, limit the number of approved intrusion detection devices terminating directly into the Police Department when such devices would interfere with the normal functions of the Police Department. Due to the special nature of the service provided by the Police Department, any alarm system which is connected directly to the Stockton Police Department Telecommunications Center will be subject to special permit and service fees. The schedule for these special fees will be determined by the City Council.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-419. TESTING OF ALARMS:
No alarm system connected directly to the Stockton Police Department Telecommunications Center shall be tested or demonstrated without first obtaining permission from the Chief of Police or his authorized representative. Permission is not required to test or demonstrate alarm devices not directly connected to the Stockton Police Department Telecommunications Center unless such testing or demonstration would or does result in police response.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-420. 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.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-421. SEVERABILITY OF PROVISIONS:
The provisions of this Part shall be administered and enforced by the Chief of Police or his representative. He 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 shall have the power and shall enforce such rules and regulations as may be adopted by the City Council to implement the provisions of this Part.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-422. ADMINISTRATION, REGULATIONS:
The provisions of this Plan shall be administered and enforced by the Chief of Police or his representative. He 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 shall have the power and shall enforce such rules and regulations as may be adopted by the City Council to implement the provisions of this Plan.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-423. VIOLATION OF CHAPTER:
(a) Penalties: Any person violating any of the provisions of this Chapter shall be deemed guilty of an infraction as provided under Chapter 1, Part II, Section 1-010 of the Stockton Municipal Code.
(b) 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.
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 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 thirty (30) days after they are due and payable.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
SEC. 5-424. 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 this Chapter becomes effective; provided,
however, that the permits required for existing alarm systems shall be obtained within one hundred and eighty (180) days from and after the date on which this Chapter becomes effective.
(Added by Ordinance 3803-C.S. — Effective Sept. 6, 1984)
Stockton, CA 
