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BUTTE COU~TY CODE
CHAPTER ~
ORD~NANCE ~~MBER 2644
An ordinanc~ re~ating to a~arm 5Y5t@t~S~ issuanc~ of permits, prohibiting
specific intercon~ec~ions and autamatic dia~ing devices, revocation of
~ermi~s, fines/penalties imposed, and aXl uther matters per~ain~ng there~o
Butte County does hexeby ordain:
Sectio~ 1. T~TLE.
A) Th~s ordinar~ce shall be ~Cn~wr~ ~s "7'h~ B~ar.g~.~ry~ a~ncl ~.obi~er.y A~~.arm
Ordir~ance" .
Section 2. 1'~JRFOSE.
A) To protect the ~mergency services of this Cour~ty from r~isuse,
pxotect the p~blic from misappropriation of public services, and
to establish an e~'ficie~t method of tii~.Iing for ~alse/~alfunctioning
alarm actii.va~ions.
Section 3. DEF~NITIDNSe
A} Alarm Company: Any person, fir~, partnezship or corporation, ar
other assoc~ation conducting or engaging ~n ~he business af~ selling,
l.easing, mai.ntaining, s~rvici~g, repairing, altering, repl.acing,
moving~ instal~.ing, ox monitaring alarm systems w~thin ~ut~e Caunty.
B) Alarm System: A device or any assembly of ~quipment, mechanical.
or electrica~., that, when Cripped, ema.ts, transmits, ar r~lays a
signal intended to sumroon, ar ~hat cvu~d reasonably be expected to
summan, poi~.ce s~rvi.ces af the Cour~ty.
A~.arm system daes not incl.ud~:
(1) An alarm installed on a vehicLe, unless the vehic~.e is
per~anently lacated; nor
(2} An alarm designed to alert only the inhabitants of a
reside~c~ o~ business premises; nor
w ~ i
~~ ~ .
(3) Alarm devices ~~sCai~ed an a temporary basis by the
Sherif~'s ~epartment.
C} Alarm User: The person, firm, partnership, assaciation, company,
corporation, or or~~nizatian of ar,y ki~d that is in control of any
bu~ld~ng, structure, or facility where~n a~ a~arn systecn ~s
ma~ntai~ed.
~) Answ~r~n~ S~rvice: A te~ephone answe-ring serv~ce p~ovading or
re~ayi~g .me~sagns to th~ Sheriff's Gffice ~o~ a po~ice respon~e
~o an activated alarm.
E) Automat~c Diaifng ~~vicc; Ar~ alarR, system w~ich autocnatically
ser~ds aver reg~lak• telepho~e line~, Uy c~irect conn~ction or cthei-
wise, a~rerecorded voice ti1@~S3g~ i:~di.cating the ex~.stence of the
em~r;ency situation tha~ tlle ~l~r:r. syster^ is d~~Lgned to detect.
F} Butte Caunty: All. areas wi.thir~ the County as de~~ned in the
Ca~ifornia GovernmenC Code, Title 3, Section 2313G~ exc~.~ding the
incor~orated ~ities of Gridley, Orovilie, Chico, Biggs and Paradi.se.
G) E~nergency: Commission of a xobbery, burglary, or otta~r crir~e
against ~he alarm user on which an alarm system is maintai.ned.
H) False Alar~s: Ar~ alarm signal, el~iciting a Palice response wh~n
a situation req~iring police respons~ daes not, in faCt, exist.
False alarms do not include: .
(~} Violent acts of natc~re; nor
{2) ~xtraorda.r~a~y circumstances no~ reasonably subject to
cor~trfll by the a~arm user.
I) Faulty System: An alarm signal, e~.iciting a po~.fce respor~se
which is a result of inech~n~ca}. fai~ure, mal~unctioning equipment,
ar improper installatiori n£ the a~arm system. These signals sha~l
be considered a f~Zse aiarm.
J) I~terconnect: To connect an alarm system to a teiephone iine,
ei~hex directly ~r through a mechanical device that utilizes a
s~andard te~e~hone for the purpvse of t~sing the te].ephone line to
trans~iL an ~~ergency me~sage upon thc: activatian of the alarm
system.
K) Primaacy Trunk~i,ne: Any tele~hone Zi~e, a.nclud~ng 911 e~ergeacy
~ines, leacii.ng directly i.nta the communications center of the
SherifF's Of€ice~ which are desigaed to receive e~ne~gency ca~.~s.
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Section 4. ALARM SYSTEM PERMIT.
A) Permit required:
(I) Excep~ as otherwis~ provided hereaEter, on or a£ter
JAN Q 1 , it shall be unlawful for any p~rson
to install, connec~, operate, or eause to be installed,
cannected, ar operated, an aiarm system in Butte Caunty
without ~irst obtaining a valid alarm system permit.
(2) Notwithstanding the fo~egoi~g, any person who op~rates an
alarm system in ~utte County before JaN ~ 1~9~8
~
sha~l have u~til F~B ~~ 19~$ to apply for an
a~arm system per~it as required by this sectian.
(3) Pe~sor~s in ~ossessi.on of property which an alarm system
i~ intended ta ~rotect sha~l be responsible fo~ securing the
alarm system permit anci said permi~ shall be issued only to
the person who is ~.n possessi.on of the prop~rty whi.ch the
a~arm system is intended to pratect. An alarm company
which i.nstalLs and/or connects an a~axm system on a site
other than the alarm compar~y's own place of business
shai~ nat be ix~ violation of this section, natwithstan~ing
at the time of such installation an~/ar connectior~, na
alarm system perm~t has been secured ~or the alar~ system
i.nstalled or connected.
{G) Exc~pt as provided hereafter, an alarm system permit
sha11 be issued ~o such person na~ed in subsection (3)
above only if, at the time the permit is applied for,
the alarm system operated or maintained or to be
op~rated or ma~.ntained by such person has an autotnatic
shutaf€ or res~t feature whi.ch deactivates the a~.arm
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) ho~crs
in the event of the interruptiort ar failure of utility pawer.
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B)
C}
Alarm systems which have been install.ed prior to
Q~] ~ , and wh~.ch da r~ot have a~ automatic
shutoff ar xeset feature, shall be so ~quipped priar to
~~~ 0 1~988 Notwithstanding the foregoing, a
permit~.ee who main~ains or operates an alarm syste~n witho~t
an automata.c shutoff or reset feature shali be s~bj~ct to
the provisions af section 10, subsection (~}, of tha.~ chapter
(5) The Sheriff shall issue the a~arm system permit not lat~r
than forty~five (45) days fol].owing the date of application,
un~ess the a).a~m 5y5~~t"[1 does not comply wi.~.h the specifi.catin~
contained in this chapter, the app~~cant has fai~ed Co pay
the required €ee, or the applica~.ion contains misrepresentat-
ian af fact.
(6) In the event ~.he Sheriff denies a permit to an a~plicanti
for any a€ the reasons set for~h in subsection (S) above,
the applicant shall hav~ the ~ight to a hearing concerr~3ng
the den~.a~ pursuant to section 7.
Application for permit:
(3) Appl~.catii.ons for alarm system permits shaJ.l be filed with
the Sher~ff on such forms as the She~i€f may prescribe.
{2) An applicant may apply for a single pezmit for mv~L•iple
alarm sites or for sepaxat~ permits for each alarm site. I€
an app~icanfi choases ta apply €o~ a separate permit for each
aiar~ site, a separate applicatian and perr~it fee shal.~ be
filed for each permit.
Itequired in~ormat~on:
(1) Each aiarm system permit applicatian shal~ conta~n the
following infa~mation:
(a} Name, address, and te~.ephc~ne number o~ the ~erson who
wili be the perm~.t hol.der and of the pexson respons~bl4
for the proper r~ainte~ar~ce and aperatian af the alarm
system and payment o~ fees/penalta.es assessed under
this chapter.
(b} Classification o€ the alarm si~e as either residential
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or co~merica~.
(c~ purpose of the a~arm SYS~eiR~ i.e, ,~urglary, rcb~ery;
p~an~~_.
(d) Na~r~, addr~ss, and telephox~e number of the person(s)
who will. zespond ar W~ii ca~se a response to the alarm
site whE~n natified of an ala~m situa~.ion.
(e} System descrip~.ion of ~he automatic shutoff or reset
fea~ure af the alarm system which wilJ. deactivate the
audible portion o€ the alazm system withzn thirty {30)
minutes after it is first acti.vated.
(f) System descri.ption of the auxiliary power supply nf
the alarm sys~em which will sustai.n the aI.arm system
£ar at leas~ four (4) hours in ~he ever~t of an in~er-
ruption or ~ailure of the uta~ity power.
(g) Othe~ informat~.on as may be reasortab~y required by
~.he Sheri£f.
D)
F. ~
Informatian changes:
(1) A pe~mit ho~der sha11 in€orm the Sher~.~f at any change that
al~ers any information listed on ~he permit applica~ian
within ten (10) days af~er such cha~i~e.
Permit fee:
(i} EveLy u~rlication fo~ an alarm system permit sha~.l be
accampan~.ed by a non-re€undable fee in the amaunt of twenty-
five (25) dollars. This fee is S.mposed ta~ the purpase of
de£raying th~ cost a~ processing and overseeing the permit
process.
{Z) Evexy applicant shall be given a receipt for ~h~ aforrsaid
pexmit fee at the ti.me such fee is paid and the application
is approved. Persons exempt from payment of ~ees shall be
~ issued a rece~.pt as if a fee has been paid, The xeceipt
shail. sexve aG a~.emporary aZarm system permit tor a period
not to exceed £orty-five {G~5) days from ~he date an which
the fee was paid, and sha11 be of no force o~ eFfec~ after
the fa~ty-fi.ve (G5) day period espires, or after ~he aiarm
sy~tem permiti is issued, whichever ev~nh nccurs f3.rst,
_~..
+,~ ~
(3} Permit fees are ~or a three (3) year duration c~n7.ess:
{a) The permit user moves to a different address; or
(b) The-permit is revoked.~
~n e~~h~~ case,.~h~ unused portian of the fee sha11 be forfe~.~ed.
(4) Persons exempt from permit fees include:
{a) Pe~sons pursuant to Goverttment Code 5ection 6103; and
(b) Res~.dential alarm users over the age o~ sixty-~ive {65)
who are the primary resident o~ the res~dence and
if no business zs condUCted at ~he residence.
F) Transf~rabii~.ty:
(1) An a~.arm system permit shall. not be transferred to anothex
perso~. if the parson in pOS5ES510T3 of an alarm site pro-
tected by an alarm system changes, the new possessor shall
obtain a new permit. When a new permit For a new passessor
of an aiarm site is obtained, the previo~s alarm his~.ory for
that alarm site shall be erased and the new permittee sha11
start ~rom zera fal.se alarms.
Section 5. S~RVICE FEES.
A) Any person wha mait~tains or has ar~ alaxr~ system which signals a
false aiarm (any signal by an alar~n system which causes a po~.zce
respons~ when an emergency si~uation does na~ exist) shall pay
a service fee to the Gounty af Butte as fallows:
(1) For the first thro~gh the third false alarm during any
perioc~ of s~x (6) consecutive calendar months thexe
shail be no charge;
(2} Fax the €ourth through the sixth false alarm during any
pe~iod o~ six (b) consecutive calendar mon~hs there shall
be a charge of twe~ty five dollars ($25.~0} per alarm.
{3} ~'o~ the seven~.h through ~he ninth false alarm during any
period of six (6) consecutive cal.endar months there shall
be a charge o~ fi€ty dollars ($50.aa) per a~arm.
(4) Far each false alarr~ in excess ofnin~ during any periad
of six (6) consecc~~ive calendar manths there shall be a
charge af O~ne Hundrec~ Dollars ($1Q0.00).
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B) ~ther Fees:
(1) One time hookup fee fo~ direct connert alarms
termination at the Sherif£'s Department is Seventy-
Five Dollars ($75.00).
(2) Annual manitori~g fee for direGt conn~ction ta Sheritf's
Department is Three Hundred Do~lars ($300.00}.
Annual fees sha11 be paid at time of application ~ar
alarm permit. Annval fees are due on each anaiversary
of the original alarm ~ermit. •
Section 6. SUSPENSIQN OF PERMTT.
A) When groundsas hereafter pravided exis~, the Sheriff may determine'
to svspend a permi~. Suspension of permits shall be for a max~mum
~f three hundred sixty-five {3b5) ca~endar days. Notification to
t~e 5~eriff by use of the alarm system by the permittee during a
suspension of permit shal~ be a vialation of this chapter. The
following sha~l constitute gro~~ds for s~sp~nsian of an a~arm pexmit:
~1) Vioiation of any of the ~rovisaons of this chapter.
{2) A false statement on the permit applicat~on.
(3) Failure of permi~~ee or perm~ttee's resp~esentative to
respond ta the scene of an a~arm within forty-five (45)
minut~s after being requested by the Sheriff, and/or
re~dering necessary service. N~cessary service shall
include but not be limited to, the opening o~ the ~~em~ses
so tha~ it may be searched.
(4) Twelve {12) ar more false alarms d~ring any period af
six {6) consecutive calendar man~hs.
(5} Fa~lure to pay within sixty (60) days of notification
any ~ivil pena~ty pvrsuant ~o this chapte~.
Section 7. ~EARI~G R~GHTS.
A) ~f an applicant for a permit is denied ar a permittee's pexmit is
to be considered tor suspension pu~suant to Section 5, ~he SheriFf
shall serve on the appl~ca~t or permittee a wri~ten not~ce of the
proposed act~an ~ncluding, in the case of a susp~~sion, th~ length
of the proposed susp~nsion, a~d o~ t~e right to a hearing o~ the
matter. Service shall b~ by ~cexti~ied mail to the applica~t's ar
permittee's last ~nawn ad~ress. Service shall be cansidered
complete five (5} days after such ~ailing. The applicant or permittee
may, withi~ ten {10) caiendar days after s~rvice of the Sheriff's
Notificat~~fl, file a request for hearing. Such req~est
shaZl be ~n writin~ and mailed or depasited wzth the
- ,~.~;...~~.~~~.~:-~._._
-~~x~a•~~
Sherzf~ at 33 Caunty Center Drive, Oroville, CaZifornia, 95965.
If the applicant or per~ittee fa~ls to file a request for hearing
within the time and in the manner prescribed above, the ~ight ta a
hea~ing on the proposed denia~ or susp~nsion sha~l be deemed to
have been waived and the Sh~riff may pxaceed to deny or suspend the
pexmit, accnrding to the terms of the ariginal notice of pxoposed
act~on.
Upon receiving a written req~est for a hearing by the appl~canz or
permit~ee, the Sheri~f shall serve on the app~~cant or permirtee,
by first class mail, a notice of the time a~d p~ace of hearing.
S~rvice shall be made at leas~ ten (14) calendar days priox to the
date set far tl~e hearing.
€lpan the rece~.pt of a wr~.tten request fo~ a h~ar~ng, in rhe case of
a susp~nsion action, ~he Sherif~ sha3.~ take no further suspensior~
action until a hearing has been held pursuant ta section 9 and t~e
Sheriff has the wri.~ten decision of the heari.ng of~icer.
Section $. HEARING 0~'FTCER.
A) The hea~ing prescribed by section 9 shall be conduct~d by an
indivxdual wha is designated by the Cour~ty Administrative Officer.
The i.ndividual may be an employee o~ the County who is r~ot assigned
to the Sheriff's Department or otherwise subordinate to the Sheriff,
or an individua~. wha is not an employee, retained pursuan~ to a
' contxact ~o pravide such services. The Caunty Adminisrrative
Q£fi.cer is hereby auth~ri~ed to contract iz~ the name of the County
for the service o~ such a hearing officer at rates Eor s~ch servic~
which do not exceed $75 ~er hour a~ service rendered.
Section 9. HEARING.
A) In the ever~t af a r~g~est for a hearing by the permittee, pursuant
to the provisions of this cha~~er, a hearing sha~l be conducted by
tihe hearing officer. The Sheriff shall carry the burden of praof
that grounds exist for denial or s~aspens~.an. The applicant or
permittee may appear, present evidence, and exa~n~r~e and cross-
examine witnesses. In the ~vent the applicant or permzttee fails
to appear at the tim~, date and ~iace appninted for the hearing, the
hea~ing sha~l be conducted in the absence or the a~p~icant or
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permittee and the hearing oFficer shall r~nd~r a decisian based
upon ev3dence presented during the hearing. For goad cause, the
hearing may be cont~nued upo~ request of~e~ther the Sh~riff,
app~~cant or perm~ttee. Th~ hearing shall be tape recorde~, a~d
, all documents presented as evidence shall be maintained~ together
~ with~the tape for.six months. At the reques~ of either the Sheriff,
applicant, or perm~ttee, the Clerk o~ th~ Board of S»perv~sars
shal~, in behalf o€ the Board, issue subp~nas for attendanc~ a~
witnesses at the hear~~g.
At the conc~usion of the hearing, th~ hearing officex shall issue
a writtien decision, i~c~~ding £ind~ngs of fac~ and conclusions. In
the case of a permit suspensian, the decision shall determine ~he
~ength of the suspension. The decision of the hearing offic~r
shall be ~~nal as to all parties. Any court action shall be
~ brought w'ithin six mon~ths'o£ the
Secti.~n 10. OTHER R~GULATIONS. ~i.nal decisior~.
A} No al.arm system sha~.l be insta11ec3 or cannec~ed an or af ~er
.~A~1 ~~ ~9~g which emi.ts the saund of a siren. Any
alarm system which emits the sound af a siren and which is instal~.ed
ar~d in operation prior to ~RN ~ t ~~88 shall havE that
part af the alar~ system disconnected priar to ~~~ ~ 1 ~9$~
8} Every ala~~ systiem permit shall be kept an the premises where th~
aiarm systEm i.s instal3ed.
C} No automatic dialing device sha11 be a.nterconnected to a primary
trunkline of ~he Sheriff's Departmenti or 911 trunkline after
JA~f Q~ 1~8$ Any such automati.c d~a].ing device so
~.nterconnected prior to ,~AN 0 i shall. ba disconnecte{
prior to ~~~ ~~ 1988 . The pe~m~ttee of the a~.arm
system sha11 be responsihle fvr having the device disconnected.
(1) The relaying of ~nessages to the Sheriff's Departm~nt by an
autiomatic dialing d~vice may nat be interconnected directly
to the Sheriff's Department, or indirectly to the te~~phone
camga~y operator, Butte County te~.ephone operator, or 911
Emergency Center aperator.
D) A robbezy or panic alarm system ~s to be activated only in the
evenC of a robbezy, burglary, or life ~hreatenir~g situation which
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is in progress. Any other use is p~ohibited. In those cases where
the suspect o~ a robbery or burglary has fled the scene of the
crime, the 911 emergency line is to be used ~or notification af the
Sheri~f, and the alarm system shall not b~ actiivated. Violat~on cf
this sectio~ sha~~ be a masdemeanor pursuant to Pe~a~ Code Sect~on
148.3. ~
E) The permit~ee shall notify the Sher~ff of any impending serv~ce,
test, or maintenance o£ the permittee's alarm sy5tern which may signa:
a fa~se alarm. An alarm ac~ivated where such prior notice has been
given sha~l not constitute a false alarm.
F} Any alarm system which generates an audible so~nd on the premis~s
€or a con~inuous period longer tha~ one (~} hour shall be declared
a public nuisance as set for~h in the Penal Cade Section 370, and
the permittee ~esponsibl~ €o~ such a~~r~ system shall be guilry af
a m~sdemeanor, in accorda~ce w~th Penal Cade Sect~on 372.
S~ction 11. VIOLATIO~ 0~ CHAPTER.
A) Except where punish~ent is Qth~rwise provided ~n this chapter, any
p~rson via~ating any af the provisions of thas chapter shall be
deemed guilty of an infraction p~nishable by:
(X) A fine not exceed~ng $140.00 for the first vialation within
one ~1) year;
(~), A fi~e not exceeding ~200.04 for the second violat~on
wfthin ane (1) year;
(3} A fine not exceedxng ~500000 for the third and successive
vio~ation w~thin one (1).year.
Th~ Sheriff is hereby empowered, pursuant to se~ticsns ~5~_32 and
252G3 0~ ~he Gavernmen~ Code~ t~ see~ recovery of the fines and
sexvice fees and civi~ penal.ties by civil action in smal.l claims caurt.
B) All remedi~s set forth ~n this chapter aze cumuletive and the use
of one a~ more remedies shall not bar th~ use of any other remedy
far the p~ar~ose of ert~azcing the provisions of this chapte~c.
S~cti.on 12. COIJNTY L~A9ILITY.
A) The provisions of this chapter are not intended nor shall they be
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construed to create a specia~ relationship between Butte Gounty
and any a~arm system permY~~ee so as to create a duty on the part
of the Butte County Shexi~f to respond to any alarm. Neither
sha11 the provisions af this chapter be construed as a waiver of
any immunity pravided gove~nmental agencies for tart liability
contained in ~he Califor~ia Government Cod~.
This ardinance was introduced and the ~it~e thereot read at the regular
~~eting a~' the Board of Supervisors on ~o~ember 3, i987 ~~~d ~~
Alns~oml-ia1^ 1 7 Y„~ ~R~7 ~ •
This ordinance sha~l take effect and be ~n full force on and after
thirty (3Q) days fram the da~.e of its passage hereof, and be€are the
expiration a~ ~if~een (15) days fror~ ~he date of ~.ts passage it shall be
published once with the r~ames of the members of the Board of Supervisors
vo~ing for and agains~ the same, sai.d publicatzon to be made in a news-
paper of general circulation published in the Caunty ot Butt~.
On a mot~.on by Supervisor _ NlcLa~ghl in _ _, secvnded by
Superv3sor Fulton , this ordi.nance was passed and
adopted by the Board of Su~ervisors of the Count~ of Butte, State of
Ca~ifornia, at a regular meeting hereaf~, thi.s 17~h day of ~Iove~ber, 1987,
by the following vote, to wit:
AYES: Supexvisors
[~OES: Supervisors
ABSENT: Supervisors
Fulton, McInturf, ~icLaughlin and Cl~air polan
None
Vercruse
person of the Board nf
pervisors of Sutte Coun'ty,
California
( S EAL ) ~N" `.~`
~ ~~
ATTEST:
~ Cl.erk of the
Board o€ Supervisors
_~~_