Chapter 5.14
SECURITY ALARM SYSTEMS
Sections:
5.14.050 Termination of registration.
5.14.060 Security alarm standards.
5.14.070 False alarm regulations and fees.
5.14.080 Revocation of registration.
5.14.010 Purpose.
The inefficiency resulting from responses by the Capitola police department to false alarms detracts from its ability to respond to bona fide emergencies. In order to improve the ability of the police department to effectively respond to law enforcement needs, and to encourage alarm system users, lessors, sellers and manufacturers to better construct and maintain alarm systems in the city, an alarm permit requirement is imposed on all commercial alarm system users, hereinafter set forth. Alarm system permits for residential buildings are encouraged, but are not required by this chapter. Nothing in this chapter shall be construed to require any police response to alarm devices. The issuance of an alarm permit does not entitle the holder to any special level of police service to an alarm device. (Ord. 905 § 1, 2006)
5.14.020 Definitions.
For the purpose of this chapter, certain words and phrases shall be interpreted as set forth in this section, unless it is apparent from the context that a different meaning is intended.
“Alarm business” or “security alarm business” means any business operated by a person, firm or corporation which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling or servicing security alarm systems.
“Audible alarm” means an alarm system which, when actuated, generates an audible sound on the premises.
“Automatic dialing system” means an alarm system which automatically sends over telephone lines, by electronic or optical impulse, radio waves or by direct connection or otherwise, a prerecorded voice, text or data message to 9-1-1 indicating the existence of the emergency situation that the alarm is designed to detect.
“Commercial building” means any building in the city used in whole or in part for nonresidential purposes.
“Existing security alarm system” means an alarm system which is installed or becomes operational before the effective date of the ordinance codified in this chapter.
“False alarm” means an alarm signal, either silent or audible, prompting a response by the Capitola police department, when an emergency situation for which the alarm system was intended does not exist. False alarm does not include alarm activations caused by tornadoes, earthquakes or other violent uncontrollable acts of nature.
“New security alarm system” means an alarm system which is installed or becomes operational after the effective date of the ordinance codified in this chapter.
“Pre-entry alarm system” means an alarm system designed or used to detect any activity outside of a building, structure or facility.
“Security alarm system” means any mechanical or electrical device which is designed or used for the detection of 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 to which officers are expected to respond.
1. “Commercial security alarm system” is a security alarm system for a commercial building.
2. The following devices shall not be included within the definition of security alarm system:
a. Auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system;
b. Audible alarms affixed to motor vehicles; and
c. Alarm systems which are designed or used solely for the detection of fire, smoke, gas, failure of fire suppression equipment, or other fire related hazards.
“Silent alarm” means an alarm system which, when actuated, transmits a signal to a monitor at the predesignated place other than the location where the alarm has been installed.
“Subscriber” means a person who owns or leases property or premises on which a security alarm system is installed, or who contracts with an alarm business for leasing, servicing or maintaining of a security alarm system. (Ord. 905 § 1, 2006)
5.14.030 Prohibitions.
A. New Security Alarm Systems. It is unlawful for any person to install, permit to be installed, operate or maintain any new security alarm system on any commercial building within the city on or after the effective date of the ordinance codified in this chapter, unless the alarm system is properly registered pursuant to this chapter.
B. Existing Security Alarm Systems. It is unlawful for any person to operate or maintain any existing security alarm system on any commercial building within the city on or after thirty days from the effective date of said ordinance unless the alarm system is properly registered, pursuant to this chapter.
C. Pre-Entry Security Alarm Systems. It is unlawful for any person to operate any pre-entry security alarm system on any commercial building within the city on or after the effective date of said ordinance in such a manner as may prompt a response from the Capitola police department.
D. Telephone Emergency Messages. It is unlawful for any person to use or cause to be used any electrical, mechanical, electronic attachments or other devices to any telephone or communication instrument that automatically reproduces any taped or otherwise recorded message to report a police or fire emergency to the police or fire department, without the prior written consent of the chief of that department.
E. Compliance with Standards and Regulations. It is unlawful for any person to install, operate or maintain any security alarm system on any commercial building in violation of any of the standards and regulations provided for such systems as set forth in this chapter. (Ord. 905 § 1, 2006)
5.14.040 Registration.
A. Each application for registration shall be submitted by the subscriber or by an authorized agent of the subscriber to the chief of police of the city.
B. All applications for registration shall be submitted on forms provided by the Capitola police department and shall contain at least the following information:
1. Name, address, and telephone number of business or residence protected by the security alarm;
2. Names of three person who can be contacted twenty-four hours per day in case of an alarm;
3. Name, address and telephone number of the alarm business responsible for maintenance;
4. Type of alarm;
5. Presence of any ammunition, explosives, flammable liquids, poisonous materials, or any other hazardous material on the property to be protected by the security alarm system;
6. Any other information relevant to alarm technology, a particular alarm installation, or a description of a particular premises deemed necessary by the chief of police.
C. Each application shall be signed by the subscriber. If the subscriber is a business organization, the application shall be signed by the president, the managing partner or other senior executive official of the subscriber who is authorized by the subscriber to sign the application.
D. The application for registration shall be granted if the chief of police determines that the system will meet the standards set forth in this chapter and that the subscriber will comply with all the regulations set forth in this chapter.
E. Whenever any change occurs rendering the written information required by this section obsolete, the subscriber shall give written notice thereof to the chief of police within five days after such change occurs, and shall provide current, correct information with respect to such change.
F. The registration of a security alarm system shall not constitute a representation, warranty, or guaranty on the part of the city that the alarm system will operate to the satisfaction of the city or to the satisfaction of the subscriber, nor shall such registration relieve the subscriber of the subscriber’s responsibility to comply with all other provisions of this chapter, nor shall such registration relieve the subscriber of the responsibilities under this chapter in case of a failure to comply with such provisions.
G. Registration, once granted, shall continue in effect for one year or until terminated as provided herein, whichever occurs first. (Ord. 905 § 1, 2006)
5.14.050 Termination of registration.
A. A security alarm system registration shall terminate upon the occurrence of any of the following events:
1. Removal of the registered security alarm system from the address listed on said registration to a separate and different address; or
2. Material change in ownership of the registered security alarm system brought about by sale of the premises or a change in the tenant responsible for the premises. The new owner or tenant of the premises shall file a new registration.
B. Upon the termination of registration, the security alarm system shall immediately be deactivated or removed from the premises, or both; provided that the chief of police may permit a continued operation of the system upon a change in subscriber if a new application for registration is filed within ten days. (Ord. 905 § 1, 2006)
5.14.060 Security alarm standards.
A. All security alarm systems shall be designed, manufactured, installed, operated and maintained so as to sufficiently minimize the occurrence of false alarms.
B. All audible security alarm systems shall be equipped with a device which will automatically reset the audible alarm system within fifteen minutes after the alarm system is actuated.
C. No audible security alarm system shall emit a sound similar to that of an emergency vehicle siren or a civil defense warning siren.
D. Every subscriber maintaining an audible security system shall post the registration number of the alarm system at the main entrance to the building, structure or facility in such a position where it can be read by a person standing at the entrance.
E. Existing security alarm systems must conform to the provisions of the above subsections of this chapter not later than thirty days after the effective date of the ordinance codified in this chapter. (Ord. 905 § 1, 2006)
5.14.070 False alarm regulations and fees.
A. Subscribers or their agents shall notify NETCOM at (831) 471-1141 prior to any service, test, repair, maintenance, adjustment, alteration, removal or installation which might actuate a false alarm.
B. After any false alarm caused by a malfunction of the security alarm system, a security alarm system subscriber shall cause the alarm system to be repaired so as to eliminate the malfunction before reactivating the system. No person shall reactivate such systems until such repairs are made.
C. Each subscriber of a commercial security alarm system shall pay to the city a fee for each false alarm by that subscriber’s alarm system caused by a malfunction of that system in excess of two false alarms in any calendar year to which the Capitola police department makes a response. The fee shall be set by resolution of the Capitola city council. The fee shall be due and payable within thirty days of receipt of a bill from the police department.
D. False alarms occurring during the thirty days of operation of a registered, newly installed security alarm system shall not be counted for purposes of subsection B or C of this section. (Ord. 905 § 1, 2006)
5.14.080 Revocation of registration.
A. Any security alarm system installed, operated or maintained in violation of any of the provisions of this chapter is declared to be public nuisance and registration may be revoked in accordance with the provisions of this code or of state law authorizing the abatement of public nuisances.
B. The chief of police shall give ten days written notice of the city’s intent to revoke a security alarm system registration to the subscriber as identified in the most current registration.
C. The subscriber may request a hearing by service of a written request on the chief of police within ten days of the date of service of the notice of intent to revoke.
D. The hearing shall be informal and shall be held before the chief of police or the chief’s designee, who shall render a decision in writing, based on the documents and evidence presented, either revoking the registration, sustaining the current registration but imposing conditions, or rescinding the notice of intent to revoke. If no hearing is requested, the chief of police shall give written notice to the subscriber of revocation.
E. If the registration is revoked, the subscriber shall disable or disconnect the security alarm system within ten days of the date of service of the notice of revocation.
F. Thereafter, the subscriber may apply for a new registration only after the expiration of six months from the effective date of revocation. (Ord. 905 § 1, 2006)
5.14.090 False alarm fines.
A violation of this chapter shall constitute an infraction. The first two alarm offenses in a calendar year shall not subject the subscriber to a fine under this chapter. Any subscriber whose commercial alarm system has more than two false alarms in any calendar year shall be liable to fines set forth in the city’s bail schedule resolution. (Ord. 933 § 1, 2008; Ord. 905 § 1, 2006)