Chapter 11.62
ALARM SYSTEMS
Sections:
11.62.030 Alarm agents – License in possession.
11.62.040 Alarm user’s permit.
11.62.060 Response to unpermitted alarm.
11.62.070 Alarm user’s permit – Renewal.
11.62.080 Correction of information.
11.62.090 Alarm system standards.
11.62.100 Alarm system regulations.
11.62.110 Orders to disconnect.
11.62.120 Administrative assessments.
11.62.130 Discontinuance of alarm response.
11.62.150 Cancellation of response.
11.62.160 Suspension/revocation of permits.
11.62.190 Violation of chapter.
11.62.010 Purpose.
The city of Pacific Grove hereby finds and determines that the regulation of alarms is necessary to promote the health, welfare, and safety of the people. Alarm systems that are not properly operated by their users or that mechanically malfunction result in an increase in false alarm reports, which create a hazard to the safety of peace officers and the public. The intent of this chapter is to foster cooperation, compliance, and the deterrence of false alarms and unlawfully installed alarm systems. [Ord. 11-015 § 2, 2011].
11.62.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
(a) “Activations subject to assessment” means the activation of an alarm system through mechanical failure, malfunction, improper installation, or negligence of the subscriber or of his employees or agent. Assessment for false alarms shall not include the activation of exempt alarms or the activation of alarms caused by natural weather conditions such as: earthquake, wind, power outage not subject to the control of the subscriber or his employees or agent, or acts of God.
(b) “Administrative assessment” means the civil penalty against the subscriber in the form of a citation, letter, or bill for the misuse or false activation of any alarm.
(c) “Alarm agent” means any person employed by an alarm business and whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system in or on any building, place, or premises, or any person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision, or any person in training for any of the duties described in this subdivision.
(d) “Alarm application” means an alarm system registration form provided by the Pacific Grove police department to any subscriber, alarm business, or agent who owns, uses, sells, installs, monitors, or maintains any alarm system. The application shall be completed and verified.
(e) “Alarm business” means any person, firm, or corporation engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, removing, installing, or monitoring an alarm system in or on any building, place, or premises. This section specifically excludes retail establishments that sell, as part of their products, components for alarm systems, but that do not offer service, maintenance, repair, alteration, replacement, moving, or installation of systems in or on any business, place, or premises.
(f) “Alarm officer” means the chief of police or his representative.
(g) “Alarm permit” means the document with an assigned permit number issued after the review and approval of an alarm application by the Pacific Grove police department.
(h) “Alarm systems” means any equipment or device, whether known as a burglary, robbery, or intrusion alarm, direct dial telephone service, silent or audible alarm or by any other name, which is used for the detection of an unauthorized entry into a building, structure or facility, or to signal the commission of an unlawful act or both, and when activated emits a sound or transmits a signal to indicate that an emergency situation exists, and to which police are expected to respond.
(i) “Alarm user” means any person using an alarm system at his place of residence or business, whether it be owned, leased or rented and made available for use by his agents, employees, representatives or family.
(j) “Audible alarm” means a device designed for the detection of an unauthorized entry on or attempted entry into a premises or a structure or for alerting others of the commission of an unlawful act or both and which when activated generates an audible sound on the premises.
(k) “Commercial” or “business” means any premises used for nonresidential purposes.
(l) “Direct dial telephone service” or “automatic dialing device” means any device which is connected to a voice grade telephone line and is programmed to select a predetermined telephone number and transmit, by prerecorded message or code signal, an emergency message indicating a need for emergency procedures.
(m) “Duress alarm” means an electronic or manually activated alarm signal, as part of the alarm system, installed in a residence or business, that uses a three or more digit code on a key pad to send a signal that the alarm subscriber is under duress to deactivate the alarm system.
(n) “False alarm” means an alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect.
(o) “Panic alarm” means a system which is designed to notify others of an emergency, but which does not identify what type of emergency situation exists at the alarm site. It may be a system which is manually activated from within the residence or business by the occupant.
(p) “Person” means any individual, partnership, corporation or other entity.
(q) “Residential” means any premises used for dwelling purposes and includes apartments and lodging houses.
(r) “Responding officer” means any officer that is dispatched to an alarm activation detail.
(s) “Responsible or responding agent” means a subscriber or his agent, including a state licensed security company, who is required to respond to a scene of an alarm activation to assist an officer in silencing an alarm or securing the premises when requested to do so by the Pacific Grove police department or a police officer.
(t) “Robbery alarms” means an electronic or manually activated alarm system installed in any commercial structure and used to summon an officer to the scene of a robbery.
(u) “Silent alarm” means a device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and which when activated transmits a signal or activates a device at a predesignated place other than the location at which the alarm has been installed.
(v) “Subscriber” means any person, partnership, association, corporation, fiduciary or other legal or business entity holding legal or equitable title, or any interest in a building, place or premises at which an alarm system has been installed. The term “subscriber” shall also include any person responsible and identified in the application for the alarm permit as a person that has sole or partial responsibility for the upkeep of the alarm system, for payment of any and all fees, assessments, and costs, or for maintaining a current emergency contact list. More than one person or entity may be the subscriber for the purposes of this chapter, and in such event, each shall bear joint and several responsibility under this chapter. [Ord. 11-015 § 2, 2011].
11.62.030 Alarm agents – License in possession.
Every person working as an alarm agent within the city of Pacific Grove shall carry on his or her person, at all times so engaged, a valid state of California alarm agent’s registration card issued pursuant to Business and Professions Code Section 7598.7 and shall display such card upon request to any peace officer. [Ord. 11-015 § 2, 2011].
11.62.040 Alarm user’s permit.
No person, owner, agent, alarm company or alarm company agent shall install or cause to be installed, use, maintain, or possess an alarm system at any residence or on any business premises or building within the city of Pacific Grove without having obtained an alarm user’s permit from the chief of police in accordance with this section. No person shall install or allow the installation of an alarm system that is subject to this chapter in any property owned, leased, or controlled by that person unless a valid permit for such system has been issued in accordance with this chapter. The application for an alarm user’s permit shall be filed with the Pacific Grove police department accompanied by an alarm permit fee as set forth in the city of Pacific Grove master fee schedule.
The chief of police shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application shall include the address of the premises where the system is or shall be located and the name, address and telephone number of the applicant, and the person who will render service or repairs during any hour of the day or night. The application shall also include a statement that the applicant has posted the house number of the premises at the street or roadway next to the driveway of the premises. The subscriber must show that any building or portion thereof serviced by an alarm is capable of being reached by the responding officer(s) whether by patrol vehicle or by foot, if no more than 200 feet from where the patrol vehicle can be parked. If the aforementioned access cannot be made, or if there is any barrier such as a wall, gate, cliff, dog, or any other material object that prevents, impedes or jeopardizes the safety of the responding officers so that the alarm and/or building cannot be checked without incurring such jeopardy, the alarmed site will be classified as “inaccessible.”
The original permit shall be maintained at the Pacific Grove police department with copies sent to the subscriber and the subscriber’s alarm business.
In the event that an alarm permit application is denied, both the subscriber and alarm company shall receive a copy of the rejected alarm application.
The chief of police may impose reasonable restrictions and conditions upon issuing the permit to the alarm user. The chief of police may deny the permit if the alarm system does not comply with this chapter or the standards adopted under PGMC 11.62.090 (Alarm system standards) or if the building or portion thereof serviced by the alarm is deemed inaccessible. [Ord. 11-015 § 2, 2011].
11.62.050 Exempt alarms.
A Pacific Grove police department alarm application or permit shall not be necessary for vehicle burglary alarms, fire alarms, medical alarms, or other types of alarms not requiring a Pacific Grove police department response. Said alarms are exempt from the requirements of having an alarm permit or held to answer in the form of administrative assessments for any false alarm. [Ord. 11-015 § 2, 2011].
11.62.060 Response to unpermitted alarm.
If the Pacific Grove police department responds to an alarm activation without a subscriber having a current and valid alarm permit on file, the subscriber is subject to a fee for operating an unpermitted alarm for the first false alarm activation and shall be subject to normal administrative assessments for the second and subsequent false activations. The fees for responding to unpermitted alarms shall be set forth in the city of Pacific Grove master fee schedule. [Ord. 11-015 § 2, 2011].
11.62.070 Alarm user’s permit – Renewal.
The alarm permit is good for a period of one year from the date of issuance by the Pacific Grove police department. Renewals shall be handled in the same manner as the original applications for a permit and shall be accompanied by the fee set forth in the city of Pacific Grove master fee schedule.
The subscriber is responsible for ensuring that the alarm user permit is renewed before it expires. Alarm user permits that have expired and late applications for renewal of alarm user permits shall be subject to fees as set forth in the city of Pacific Grove master fee schedule. [Ord. 11-015 § 2, 2011].
11.62.080 Correction of information.
Whenever any changes occur relating to the written information as may be required in PGMC 11.62.040, Alarm user’s permit, the permit holder or his designee shall give written notice of such change to the chief of police within five working days. [Ord. 11-015 § 2, 2011].
11.62.090 Alarm system standards.
All alarm systems and appurtenant equipment installed on any premises shall meet or exceed alarm industry standards. The Pacific Grove police department reserves the right to inspect all alarm systems after giving 48 hours’ advance warning to the subscriber to ensure these standards have been met and are subject to all applicable laws including Code of Civil Procedure Section 1822.50 et seq. If the subscriber refuses to consent to an inspection, the permit to operate the alarm may be suspended or revoked. [Ord. 11-015 § 2, 2011].
11.62.100 Alarm system regulations.
(a) Automatic Deactivation – Audible Alarms. Audible residential alarms shall be equipped with an automatic shutoff mechanism capable of terminating the audible annunciator after activation within a maximum of 15 minutes. Audible commercial alarm systems shall be equipped with an automatic shutoff mechanism capable of terminating the audible annunciator within a maximum of 30 minutes. Any instance in which an audible alarm system does not reset within the time periods established in this section or where the Pacific Grove police department receives a complaint of the noise shall be deemed a public nuisance and may be summarily abated pursuant to subsection (j) of this section. The subscriber, or his agents, upon notification that an audible alarm has been activated shall immediately proceed to silence the audible alarm.
(b) Maintenance Notification. The alarm user shall notify the Pacific Grove police department prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm and after any service, test, repair, maintenance, alteration or installation has been concluded. Any alarm activated where such notice has been given shall not constitute a false alarm. Testing shall be held to the minimum required to ensure proper operation of system(s). If the alarm user or subscriber fails to notify the Pacific Grove police department before the alarm is activated or after the test is concluded, then the subscriber shall be responsible for any administrative assessments that are attributed to the false alarm.
(c) Power Supply. Any alarm system which is subject to activation upon failure or interruption of normal electricity shall be equipped with an uninterruptible standby power supply. The power supply must be capable of at least four hours of operation.
(d) Repairs. When any false alarm caused by a malfunction of an alarm system has occurred, the alarm user shall cause the alarm system to be repaired to eliminate the malfunction. The alarm system annunciator or alarm panel termination shall be disconnected while repairs are made. Upon request by the chief of police, the alarm user shall provide a written report describing actions taken or to be taken to eliminate the cause of the false alarm(s). This report shall be submitted within 10 days of the date of request by the chief of police. If the alarm system is not repaired satisfactorily in the opinion of the chief of police or his agent, then the chief of police may order the subscriber’s alarm company to manually deactivate the alarm system until it is properly repaired.
(e) Panel Alarm Connections. No person shall install any alarm system which directly signals activation on the alarm panels of the Pacific Grove police department. Banking and loan institutions or other specific high vulnerability installations may be excluded from this section at the discretion of the chief of police.
(f) Panic Alarms. No person shall install or maintain a panic alarm system for the purpose of contacting and summoning responses or emergency responses from Pacific Grove police department. The intent of this section is to encourage the public to use the 9-1-1 emergency telephone system for emergencies rather than using panic alarm systems.
(g) Panic Alarm Sales Prohibited. No person, alarm company, or sales agent shall offer for sale or sell, install, or cause to be installed any panic alarm.
(h) Duress Alarms. A “duress alarm” shall be authorized only in cases where a person is deactivating a residential or business alarm system and shall not be used in the manner described in subsection (f) of this section (Panic Alarms). Improper use of this type of signal shall result in an assessment for the call. After the second such false call, appropriate action, including suspension or revocation of the alarm user’s permit, may be taken by the chief of police.
(i) Misuse of Systems. Alarms are primarily designed to alert regarding intrusions (e.g., burglaries) or robberies. Any use of an alarm to summon law enforcement where a telephone call would best serve the purpose will constitute a misuse of the alarm system and a violation of this chapter. For example: using the alarm to summon the Pacific Grove police department to a brawl or another type of disturbance.
(j) Silencing Audible Alarms. Upon notification by a member or agent of the Pacific Grove police department that an alarm system is activated and a responsible agent is needed at the scene to silence an alarm, the subscriber, responding agent, or alarm company representative shall immediately proceed to silence the alarm, and the silencing shall be completed within 30 minutes of such notification. In the case where the required automatic shutoff device does not reset within 15 minutes (residential) or 30 minutes (commercial) the Pacific Grove police department shall have the authority to summarily silence the alarm. All costs and expenses incurred by the Pacific Grove police department to silence the alarm shall be borne by the subscriber.
(k) Owner’s Responsibility. A subscriber or responsible agent of an alarmed premises shall respond to any request from an officer, whether placed through the Pacific Grove police department or their respective alarm company, concerning the activation of an alarm, securing the premises or other circumstances concerning the security of the alarmed premises. The Pacific Grove police department shall be under no obligation to remain or secure the premises in the absence of a response and the subscriber’s alarm permit may be subject to suspension or revocation.
(l) Dialer Alarms. No person shall install or cause to be installed, as original equipment or an update to existing equipment, any automatic dialing device machine that connects with or dials the Pacific Grove police department. [Ord. 11-015 § 2, 2011].
11.62.110 Orders to disconnect.
When any emergency alarms, messages, signals, or notices are received by the Pacific Grove police department showing that an alarm user has failed to meet any of the requirements of this chapter, the chief of police is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with said requirements. If the subscriber ignores, rejects, or fails to comply with the order to disconnect the system, the chief of police shall order the subscriber’s alarm company to dismantle or disconnect the alarm system. Any dismantling fees are the responsibility of the subscriber. [Ord. 11-015 § 2, 2011].
11.62.120 Administrative assessments.
The chief of police may assess administrative assessment fees as are enumerated in the city of Pacific Grove master fee schedule. Assessment of administrative assessment fees shall be independent of any other action by the chief of police, the district attorney’s office, or any other agency of the city of Pacific Grove which may result from a violation of this chapter.
Any person having an alarm system which results in a response by the Pacific Grove police department to an alarm which proves to be false, shall be assessed an administrative assessment fee for each false alarm according to the number of false alarms received during an assessment period. Assessment periods shall be every calendar year.
In addition to the administrative assessment(s), upon receipt of six or more false alarms in any 12-month period from any alarm system, the chief of police may: (a) suspend or revoke the alarm user’s permit; (b) suspend any Pacific Grove police department response, or both.
Commencing with the date of the initial approved alarm permit and for 30 days thereafter, there shall be no administrative assessment for false alarm activations. Administrative assessments shall attach after the initial 30-day period. [Ord. 11-015 § 2, 2011].
11.62.130 Discontinuance of alarm response.
Any alarm which activates falsely more than three times per 24-hour period and is in apparent need of repair, adjustment or correction shall be deemed a nuisance. In order to minimize the danger to responding officers and to the public during the response of any alarm, the on-duty watch commander or patrol supervisor may exercise his discretion to discontinue additional responses. The Pacific Grove police department may notify the subscriber, responding agent, and alarm company or alarm representative if the Pacific Grove police department determines to discontinue response. The watch commander, his agent, or a Pacific Grove police department representative shall make the contact to relay that decision. [Ord. 11-015 § 2, 2011].
11.62.140 Response option.
A security company with state licensing may be a responding agent or the primary response unit if all parties agree. If the security company is the primary response unit, the Pacific Grove police department will not be advised of the alarm or dispatched to an alarm activation unless there is evidence that a crime has taken place or is in progress. [Ord. 11-015 § 2, 2011].
11.62.150 Cancellation of response.
Nothing in this chapter shall prohibit an alarm company from contacting a subscriber to verify if an alarm activation is false. An alarm company may call the Pacific Grove police department and, upon proper identification, cancel a response prior to the arrival of the officers at the alarmed site. No false alarm assessment will be made for such activations if, at the officer’s discretion, the responding officer continues the response to investigate unusual or suspicious circumstances arising from the alarm activation. [Ord. 11-015 § 2, 2011].
11.62.160 Suspension/revocation of permits.
If at any time it shall come to the attention of the chief of police that the holder of an alarm user’s permit has violated any provisions of this chapter, the chief of police may suspend or revoke the permit. If an alarm user’s permit is to be suspended or revoked as provided hereunder, the chief of police shall notify the holder of the permit 72 hours before the effective hour of the suspension or revocation. Revocations and suspensions shall become effective at 12:01 a.m. on the date specified in the revocation or suspension notice.
Suspension or revocation of any alarm user’s permit may also occur if: (a) the alarm user has been given written notice and assessed six penalty assessments within a 12-month period; or (b) the alarm user has failed to pay any such assessment(s); or (c) any person, subscriber, alarm agent or responding agent that is responsible for maintaining or servicing an alarm system refuses to respond to the scene or reset any alarm within the city of Pacific Grove. [Ord. 11-015 § 2, 2011].
11.62.170 Appeals.
Any person whose permit has been denied, revoked or suspended pursuant to this chapter shall have the right, within 10 days after receiving notice of revocation/suspension from the chief of police, to file a written appeal, by mail, with the chief of police. A hearing on the appeal shall be held within 15 days of receipt of the written appeal. At this hearing the appellant or his designated representative shall present written or oral argument, or both, in support of his appeal.
Applicants or subscribers may also appeal assessment(s), type of alarms, or the other issues with 10 days after receiving a written notice of an assessment, a written notice of a rejection, or any other issue. A hearing will be set as specified above.
An alarm system user whose permit has been revoked is not precluded under this section for applying for a new permit. The chief of police, however, is not required to issue a new permit unless he is satisfied that the alarm user’s system has been properly serviced and its deficiencies corrected. [Ord. 11-015 § 2, 2011].
11.62.180 Confidentiality.
Information furnished and secured pursuant to this chapter shall be confidential in character and 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 or for legitimate law enforcement needs. [Ord. 11-015 § 2, 2011].
11.62.190 Violation of chapter.
Any subscriber or other person who is found to have violated or otherwise failed to comply with any provision of this chapter shall pay the civil fees and administrative assessments listed in the city of Pacific Grove master fee schedule for the violation, plus the penalty and all collection costs. All violations of this chapter shall be processed according to Chapters 1.16 and 1.19 PGMC. [Ord. 11-015 § 2, 2011].