Chapter 3B
ALARM SYSTEMS1
Sections:
3B.2 Initial registration of alarm systems.
3B.4 Alarm systems—Violations.
3B.5 Cost recovery for repeated false alarms or unregistered alarm systems.
3B.6 Nonresponse to repeated false alarms.
3B.7 Permit and registration fees.
3B.1 Purpose.
The purpose of this chapter is to set forth regulations governing the use of alarm systems and devices within the city of Gilroy. (Ord. No. 2010-09, § 1, 7-19-10)
3B.2 Initial registration of alarm systems.
No person shall own, use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install, any device or combination of residential or business alarm systems in the city without registering each alarm system with the city as required by section 3B.3 prior to the installation of each alarm system. (Ord. No. 2011-09, § 1, 7-18-11)
3B.3 Information required.
Owners or installers of alarm systems shall register them with the Gilroy police department or such other person as may be designated by the city administrator, and shall provide the following information at the time of registration of each such system and on January 1st of each calendar year thereafter:
(1) Name, billing address, phone number, and emergency contact number of alarm system owner.
(2) Name, billing address, and phone number of alarm business that currently maintains the alarm service.
(3) Other pertinent information as may be required by the Gilroy police department or Gilroy fire department. (Ord. No. 2010-09, § 1, 7-19-10)
3B.4 Alarm systems—Violations.
It shall be unlawful for any person to own, operate, install or maintain any mechanical or electrical device for the detection of unauthorized entry which:
(a) Is knowingly activated by the owner, operator, his or her agents or employees when no burglary, robbery or fire is in progress.
(b) Is activated more than two (2) times within a twelve (12) month period from negligence, mechanical or electrical failure, or any cause or causes other than unauthorized entry. Each such “false alarm,” after the second such false alarm within any twelve (12) month period, shall constitute a separate offense.
(c) Emits a sound similar to that of any emergency vehicle siren or a civil defense warning system.
(d) Does not shut off automatically within fifteen (15) minutes after activation.
(e) Is not registered with the city police department in accordance with this chapter. (Ord. No. 2011-09, § 2, 7-18-11)
3B.5 Cost recovery for repeated false alarms or unregistered alarm systems.
Owners and operators of alarm systems will be held jointly and severally liable for the city’s costs of providing police or fire personnel after the second false alarm within any consecutive twelve (12) month period. The personnel utilized during a response after the second false alarm shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include minor damages to city property and/or injuries to city personnel. The fee charged will be a minimum of one hundred ninety-five dollars ($195.00) per incident, or as otherwise set by the city council by resolution, for the third false alarm activation within any consecutive twelve (12) month period, and for each successive false alarm thereafter within that period, and will not be in excess of five hundred dollars ($500.00) for a single incident. The city reserves its legal options to elect any other legal remedies when said costs or damages exceed five hundred dollars ($500.00).
Owners and operators of alarm systems will be held jointly and severally liable for failure to register a residential or business alarm system and shall be subject to a fee of a minimum of one hundred ninety-five dollars ($195.00), or a fee as otherwise set by the city council by resolution. (Ord. No. 2011-09, § 3, 7-18-11)
3B.6 Nonresponse to repeated false alarms.
Unless response is required by the Uniform Fire Code, after seven (7) false alarms at any one location during any consecutive twelve (12) month period, the city administrator may direct, upon recommendation of the chief of police or fire chief, that no further emergency responses be made to that location. A request to be placed back on a response mode may be made after alarm malfunctions are corrected and certified by a licensed alarm technician. Alarm owners will be required to pay a twenty-five dollar ($25.00) reinstatement fee, or as otherwise set by the city council by resolution, and will be required to provide proof by a certified technician that the alarm system is operating properly and/or proof that all reasonable preventative measures have been taken to prevent further false alarm activations. Alarm systems that are reinstated shall be subject to a six (6) month probationary period during which time the alarm at the subject location may be returned to ‘no response’ status because of additional false alarms, in the discretion of the city administrator upon recommendation of the chief of police or fire chief. (Ord. No. 2010-09, § 1, 7-19-10)
3B.7 Permit and registration fees.
For each alarm system installed in the city after August 19, 2010, an initial thirty-five dollar ($35.00) permit fee, or as otherwise set by the city council by resolution, will be charged by the city. The fee shall be payable at the time of registration of the alarm system.
For alarm systems installed in the city before August 19, 2010, a one (1) time registration fee of twenty dollars ($20.00), or as otherwise set by the city council by resolution, will be charged by the city. The fee shall be payable at the time of registration of the alarm. (Ord. No. 2011-09, § 4, 7-18-11)
3B.8 Assessment of fee.
The city is empowered and authorized to enforce the provisions of this chapter. The city or such other person as may be designated by the city shall adopt procedures for the assessment and collection of alarm fees. (Ord. No. 2010-09, § 1, 7-19-10)
3B.9 Collection of fees.
In the event of the failure of any person, business entity or organization to pay the fees assessed pursuant to the provisions of this chapter, the city may institute an action in any court of competent jurisdiction to collect any fees which may be due and payable in the same manner as any other debt owed to the city may be collected. Annual city business license renewals shall not be granted to alarm system owners unless and until all pending alarm registration, false alarm, and annual alarm fees are paid. (Ord. No. 2010-09, § 1, 7-19-10)
3B.10 Violation.
Any person violating any of the provisions of this chapter shall be guilty of an infraction punishable according to city and state codes. (Ord. No. 2010-09, § 1, 7-19-10)
Cross references—Burglar alarm systems, § 16.34.