Chapter 9.60 ALARM SYSTEMS AND ALARM BUSINESSES

A. “Alarm agent” means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing any alarm system over, under or in any building or structure or facility.

B. “Alarm business” means the business of any person, persons or entity engaging in the leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of any alarm system, or causing it to be leased, maintained, serviced, repaired, altered, replaced, moved or installed in, over, under or on any building, structure or facility. “Alarm business” does not include a business which engages in the manufacture or sale of an alarm system, unless such business services, installs, monitors or responds to alarm systems at the protected premises.

C. “Alarm system” means any device, including a system of such devices, which is designed or used for the detection of criminal activity; fire, or related conditions potentially hazardous to the public safety and welfare, which terminates in the police department or some other location, or when activated is audible beyond the property line of the premises in which it is installed. Alarm devices installed in motor vehicles are specifically exempted from the definition of alarm system for the purposes of this chapter.

D. “Applicant” means any person, persons or entity who owns, leases or otherwise obtains or uses an alarm system, and who files an application for a new or renewal application for alarm monitoring services by the city police department, as set forth in this chapter.

E. “False alarm” means an alarm signal necessitating response by the city police department when an emergency does not exist. The chief of police or his designee shall determine whether an emergency did exist. Such determination shall be final unless a hearing is requested pursuant to subsection N of this section.

F. “Faulty system” means an alarm system which results in false alarms as the result of mechanical failure, malfunctioning equipment, or improper installation.

G. “Finance director” means the finance director of the city, or his or her authorized representative.

H. “Notice” means written notice, given by personal service upon the addressee, or deposited with the United States Postal Service, first class, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service.

I. “Permittee” means any person granted a permit as provided in this chapter, and his or her agents and representatives.

J. “Person” means natural person, firm, partnership, association or corporation, company, or other entity.

K. “Police chief” means the police chief of the city of Cotati, or his or her authorized representative.

L. “Police department” means the police department of the city of Cotati.

M. “Public agency” means the state or any department or agency thereof; a county, a city and county, city, public corporation, municipal corporation or public district.

N. An “emergency” is an occasion which reasonably calls for a response by the police department. A response due to failure of the alarm system or to personnel error is not an emergency. Any person who contends that the police chief has erroneously determined that an emergency did not exist may, within ten days from the date of written notice of a false alarm, file with the city manager a written request for a hearing. The request shall set forth why (1) an emergency did exist or (2) the false alarm resulted from an act of God, flooding, or other violent natural condition. Within thirty days after receipt of such request, the city manager, or his designee shall conduct a hearing with respect to such determination. The city manager or his designee shall, within ten days after the hearing, give written notice of his decision. (Ord. 707 § 1(part), 2000).

9.60.020 Alarm monitoring services provided by city – Conditions.

The city may provide alarm monitoring services for police alarm systems as an adjunct to its emergency communications operations. Monitoring services will be provided on a priority basis to those applicants having the most critical exposure in relation to public safety. The city reserves the right to cancel the services provided in this chapter upon thirty days’ written notice. (Ord. 707 § 1(part), 2000).

9.60.030 Rules and regulations.

The city council, by resolution, shall establish rules and regulations and a schedule of fees and charges for permit applications and renewals, false alarm responses relating to all systems, and monitoring services, as described in this chapter. Public agencies shall be exempt from permit application and renewal fees. Public agencies shall not be exempted from any other fees and charges including, but not limited to, fees and charges for monitoring services and false alarm responses. The police chief is authorized to enforce the rules and regulations adopted by resolution of the city council for this purpose. No person shall connect or continue to have any alarm system connected to the city’s police department unless and until that person shall have complied with all such rules and regulations. (Ord. 707 § 1(part), 2000).

9.60.040 Existing permittees.

All existing permittees with alarm systems terminated in the police department must resubmit an application at the time the ordinance codified in this chapter becomes effective if they wish to continue to receive alarm-monitoring services by the city. (Ord. 707 § 1(part), 2000).

9.60.050 Systems monitored by police department – Conditions.

Any alarm system to be terminated at the police department must have been installed by a licensed alarm business and meet all applicable standards and requirements of the State Fire Marshal, building codes, and other established standards, as required by the city. The system must be compatible with the city’s monitoring facilities. Any privately owned interconnect equipment or other devices required to be installed in the police department for the purposes of achieving compatibility with city-owned equipment shall be subject to approval by the city. (Ord. 707 § 1(part), 2000).

9.60.060 Systems monitored by police department – Application.

Applications for direct monitoring services provided by the police department shall be filed with the police department, and shall be accompanied by the requisite fee. Information necessary to evaluate permit applications shall be prescribed by the city, and submitted by the applicant on forms provided by the city. Applications shall be processed only in the name of the person utilizing the alarm system. An alarm business may submit an application acting for the person utilizing the alarm system. The city reserves the right to reject any and all applications for reasons of improper application, nonpriority utilization with respect to critical public safety exposure, or inadequate or improperly installed alarm systems, pursuant to requirements adopted by this chapter. The city further reserves the right to require the applicant to also have monitoring performed by a private alarm monitoring company. (Ord. 707 § 1(part), 2000).

9.60.070 Application – Approval and issuance conditions.

The police chief shall approve the application, and the police department will execute the appropriate agreement with the applicant to permit connection of the system in the police department in accordance with the provisions of this chapter. (Ord. 707 § 1(part), 2000).

9.60.080 Duration of monitoring service.

Applications for monitoring services shall be renewed annually. (Ord. 707 § 1(part), 2000).

9.60.090 Operation – Personnel training required.

Applicants must provide adequate training of personnel in the operation of their alarm systems. Excessive false alarms for any reason, including due to operator error, shall be cause for discontinuance of monitoring service. (Ord. 707 § 1(part), 2000).

9.60.100 Operation – Repair and maintenance.

Alarm systems terminated in the police department shall be maintained in proper working order at all times. Faulty systems shall be disconnected in the police department eleven days after written notice to the applicant unless a request for hearing is filed in accordance with this section. Any disconnected alarm system will not be reconnected until evidence of satisfactory repair or correction has been submitted to the city. Any person who contends that the police chief has erroneously determined that the alarm system is a faulty system, may, within ten days from the date of written notice of intent to disconnect the faulty alarm system, file with the city manager a written request for a hearing. The request shall set forth each and every reason why the alarm system is not faulty. Within thirty days after receipt of such request, the city manager, or his designee shall conduct a hearing with respect to such determination. The city manager or his designee shall, within ten days after the hearing, give written notice of his decision. The decision of the city manager shall be final and conclusive. (Ord. 707 § 1(part), 2000).

9.60.110 Operation – Notice of changes.

Whenever any change occurs relating to the written information required by this chapter, the permittee shall give written notice thereof to the city within ten days after such change. (Ord. 707 § 1(part), 2000).

9.60.120 Liability limitations.

The city assumes no additional responsibility for the security of any permittee’s property other than that accorded to any other property, with or without alarm monitoring services. (Ord. 707 § 1(part), 2000).

II. Alarm Systems

9.60.130 Permit – Required.

It is an infraction for any person to install, possess, operate, use service or maintain any alarm system without a valid permit issued in accordance with the provisions of this chapter, or for an alarm business or alarm agent to make operable, service, maintain or repair an alarm system for a user, unless such user has such a permit. Permits may not be transferred to anyone, including but not limited to a purchaser of an alarm system. (Ord. 707 § 1(part), 2000).

9.60.140 Permit – Application – Contents.

Applications for all permits shall be filed with the police department and shall be accompanied by the requisite fee. The police department shall prescribe the form of the application, and request such information as is necessary to evaluate permit applications. The application for any permit shall include but not be limited to the name, address and telephone number of a person who will render service or repairs during any hour of the day or night. The application may be made by a user or by an alarm business, or agent for the user. If approved, the permit shall be issued in the name of the user only. (Ord. 707 § 1(part), 2000).

9.60.150 Permit – Application – Investigation – Grounds for denial.

A. Processing. An application for a permit shall be processed in a timely manner.

B. Grounds for Denial. The permit may be denied by the police chief on the following grounds:

1. The alarm system is deficient in that it does not comply with standard rules and regulations adopted pursuant to this chapter, and/or results in excessive false alarms, as defined by said rules and regulations; or

2. The applicant, his or her employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city department; or

3. The applicant has had a similar-type permit previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation; or

4. The violation of any of the provisions of this chapter.

C. Notice of Denial. The police chief shall inform the applicant in writing of the denial, stating the reasons for such denial. (Ord. 707 § 1(part), 2000).

9.60.160 Permit – For existing users.

Users within the city on the effective date of the ordinance codified in this chapter shall apply for a permit as required by this chapter within three (3) months of such effective date. (Ord. 707 § 1(part), 2000).

9.60.170 Permit – Term and renewal.

Permits issued pursuant to this article shall be renewed annually after such issuance. Applications for renewals of permits shall be processed in the same manner as applications for the initial permit. Any change in ownership in a business shall require a new permit. (Ord. 707 § 1(part), 2000).

9.60.180 Permit – Posting required.

Permits shall be posted on the premises in a conspicuous location. (Ord. 707 § 1(part), 2000).

9.60.190 Permit – Change of information – Notice to city.

Whenever any change occurs relating to the written information required by this chapter, the applicant or permittee shall give written notice thereof to the department within ten days after such change. The applicant or permittee is solely responsible for the correctness of the information submitted to the police department. (Ord. 707 § 1(part), 2000).

9.60.200 Installation standards.

All alarm systems other than fire-alarm systems sold, leased, contracted for or otherwise maintained and operated by any person within the city shall be installed in accordance with all applicable standards and requirements of the building codes and other applicable established standards, as required by the city. (Ord. 707 § 1(part), 2000).

9.60.210 Audible alarms – Time for shutoff or response.

A. Any and all audible alarm systems, except those alarm systems designed for use only for the detection of fire, shall be installed or activated to automatically cease transmitting the audible signal within twenty minutes.

B. Upon request of the police department, a user or his or her designated representative shall respond within one hour to the premises whereon the alarm system is located. (Ord. 707 § 1(part), 2000).

9.60.220 False alarms – Responsibility – Grace period.

A. The permittee shall be responsible for any service, test, repair, maintenance, adjustment or installation which might actuate a false alarm on a particular alarm system. In the event an alarm agent will be performing repair, maintenance, testing, adjustment or installation which might actuate a false alarm, notification shall be made to the police department prior to such activity. In the event the police department is requested to respond to such false alarm, it shall be counted as a false alarm, as defined in Section 9.60.010.

B. Newly installed alarms shall be granted a fifteen-day grace period in which to rectify system problems. False alarms during this period will not be recorded as a false alarm, as defined in subsection E of Section 9.60.010. (Ord. 707 § 1(part), 2000).

9.60.230 False alarms – Repair requirements.

After any false alarm caused by a mechanical malfunction of the alarm system, the user shall cause the alarm system to be repaired so as to eliminate such malfunction before reactivating the alarm. (Ord. 707 § 1(part), 2000).

9.60.240 Hazardous alarm systems prohibited when.

No person shall operate or permit an alarm system to be operated which, due to the nature of its construction, installation and/or location, constitutes an unreasonable hazard to life and limb of responding police department, or other public safety officers, as determined by the police chief. (Ord. 707 § 1(part), 2000).

9.60.250 Alarm telephone devices.

It is unlawful for any person to use or cause to be used any electrical or mechanical device or attachment to a telephone that automatically reports a taped or otherwise recorded message to report a police emergency to the police department. Should the city receive such a message, they will respond, and request through formal letter that the installation be disconnected. Should the city continue to receive alarms from the same location after written notification to disconnect has been made, the person using or causing the telephone device to be used shall be guilty of an infraction, punishable by a fine of not less than one hundred dollars. Each subsequent call shall be deemed a separate violation. (Ord. 707 § 1(part), 2000).

9.60.260 Siren-type alarm restrictions.

It is unlawful to install on the exterior or interior of a building an intrusion-detection device or alarm-system which, upon activation, emits a sound exceeding eighty decibels (when measured from outside the premises), which is similar to sirens in use on emergency vehicles or for civil defense purposes. (Ord. 707 § 1(part), 2000).

III. Alarm Businesses

9.60.270 State license requirements.

A. No person shall engage in, conduct or carry on an alarm business within the city without presenting to the police department a valid, unrevoked and unexpired State Alarm Company Operator License therefor, in accordance with the provisions of Division III, Chapter 11 of the Business and Professions Code (Section 7500 et seq.), and any subsequent amendments thereto.

B. In the event such license is suspended, revoked or otherwise rendered invalid by the state issuing authority, the alarm business shall notify the police department in writing of such state action within three days thereof. Failure to do so shall be an infraction.

C. Every person engaged in, conducting or operating an alarm business within the city shall post on the premises where the alarm business is located a copy of a valid State Alarm Operator’s License. (Ord. 707 § 1(part), 2000).

9.60.280 Business license required.

No person shall engage in, conduct, or carry on an alarm business within the city without a valid business license issued pursuant to this code. (Ord. 707 § 1(part), 2000).

9.60.290 Training of operators required.

Each user who operates or uses an alarm system has the sole responsibility for instruction of all appropriate persons in the proper use and operation of such system, as frequently as necessary, especially those factors which can cause false alarms. Such appropriate persons shall include but not be limited to agents, employees, family members, and/or customers. (Ord. 707 § 1(part), 2000).

IV. Administration and Enforcement

9.60.300 Administration – Rules and regulations.

The city council, by resolution, shall establish rules and regulations for the administration of this chapter, which shall include, but not be limited to, a schedule of fees for monitoring services, as described in this chapter. The police chief is authorized to enforce the rules and regulations adopted by resolutions of the city council. (Ord. 707 § 1(part), 2000).

9.60.310 Revocation of permits – Grounds.

The following shall constitute grounds for revocation of a permit:

A. The violation of any of the provisions of this chapter;

B. Deficiency in an alarm system or its operation that actuates excessive false alarms as defined by the city council, by resolution;

C. Any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city department;

D. Failure by the permittee or his designated representative to respond within one hour to a request for access to the protected premises, made by the police department subsequent to an alarm activation. (Ord. 707 § 1(part), 2000).

9.60.320 Revocation of permits – Procedures.

In the case of a revocation of a permit, the police chief shall inform the permittee in writing of the revocation of the permit. The notice shall state the reasons for such revocation. The revocation shall be effective eleven days from and after the service of the notice, unless an appeal is timely filed in accordance with Section 9.60.330. Prior to the hearing on appeal, the permittee may offer evidence to the police chief showing why the permit should not be revoked. Based on sufficient evidence, the police chief may withdraw the revocation. (Ord. 707 § 1(part), 2000).

9.60.330 Appeal from denial or revocation of permit.

Any person whose application for a permit is denied, as provided in this chapter, or whose permit is revoked, may within ten days of written notice of revocation or denial, file with the city manager a written appeal. Within thirty days after receipt of such appeal, the city manager, or his designee shall conduct a hearing with respect to such denial or revocation. The city manager or his designee shall, within ten days after the hearing, give written notice of his decision. The city manager’s decision after such hearing shall be final and conclusive. (Ord. 707 § 1(part), 2000).

9.60.340 Excessive false alarms deemed public nuisance – Abatement.

Alarm systems which produce excessive false alarms, as defined by resolution adopted by the city council, shall be a public nuisance, and may be abated pursuant to Chapter 9.100 of this code. (Ord. 707 § 1(part), 2000).

9.60.350 Enforcement of chapter provisions.

The conviction or punishment of any person for violation of the provisions of this chapter shall not release such person form paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any fees prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative, and the sue 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 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 fees. All fees shall be deemed delinquent thirty days after they are due and payable. (Ord. 707 § 1(part), 2000).

9.60.360 Violation – Penalty.

Any person violating any of the provisions of this chapter, or any permittee using an alarm system while the permit is revoked, regardless of whether or not such use resulted in a valid or false alarm shall be deemed guilty of an infraction and upon conviction thereof be punishable by a fine of not less than one hundred dollars. (Ord. 707 § 1(part), 2000).