Chapter 8.16 PRIVATE BURGLAR AND FIRE ALARM SYSTEMS*

A. “Alarm company” means any person who sells, leases, maintains, services, repairs, alters, replaces, moves or installs any alarm system, or who causes any alarm system to be sold, maintained, serviced, repaired, altered, moved or installed, in or on any building, place or premises.

B. “Alarm system” means any device designed for the detection of an unauthorized entry on the premises, or for alerting others of the commission of an unlawful act, reporting a fire, and, when activated, emits a sound and/or transmits a signal to a private security company, owner or the Police Department. Fire alarms required by the International Fire Code or the California Fire Code are not included in the definition of alarm system.

C. “Audible alarm” means a device designed for detection of fire or unauthorized entry on the land, building, structure or facility of any alarm owner, and which generates sound audible outdoors when activated. Audible alarms required by the International Fire Code or California Fire Code are not included in the definition of audible alarm.

D. False Alarm. An alarm signal activated intentionally or through inadvertence or negligence, to which personnel of the Police Department respond, when there is no need for such response, shall constitute a false alarm for purposes of this chapter.

E. “Own” means to purchase, rent or lease an alarm system.

F. “Owner” means the person or firm who purchases, rents or leases an alarm system to protect his or her property. “Owner” also means and includes the person or firm who owns the premises on which the alarm system is located.

G. “Police Department” means the San Carlos Police Department or the San Mateo County Sheriff’s Office. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998)

Article II. Alarm Permit

8.16.020 Permit—Required.

The owner of any alarm system shall first obtain a permit as required by this chapter. No alarm systems or audible alarms may be operated without first obtaining a permit. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998)

8.16.030 Application.

Applications for all permits required hereunder shall be filed with the Police Department and shall be accompanied by an initial registration fee and annual fee. The initial registration fee is established to cover costs of investigating and processing the application and permits. Thereafter, a renewal fee for the permit shall be paid in an amount set by resolution of the City Council. Neither fee is refundable. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998)

8.16.040 Transfer prohibited.

No permit issued under the provisions of this chapter shall be in any manner transferred or assigned. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.060)

8.16.050 Suspension or revocation.

Any permit issued under the provisions of this chapter may be suspended or revoked by the Chief of the Police Department or his/her designated agent when it appears that the permittee has breached the terms and conditions thereof, or has failed to comply with departmental rules or the other provisions of this chapter, or that the privilege so granted has been abused to the detriment of the public. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.070)

8.16.060 Reinstatement.

The Chief of the Police Department or his/her designee is authorized to reinstate any alarm system suspended under this chapter, upon payment of any outstanding service charges together with a reinstatement fee in an amount established by resolution of the City Council. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.080)

8.16.070 Rules and regulations.

The Chief of the Police Department, or his/her designated agent, is authorized and empowered to adopt such rules as he/she may deem reasonably necessary to fulfill the purposes of this chapter. Such rules shall be in writing and shall be given to each permittee at the time of the issuance or renewal of such permits. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.090)

Article III. Alarm Terminal Facilities

8.16.080 Prohibited installation.

Private burglary, robbery, panic and fire alarm systems shall not report an emergency or other event by telephone or Internet directly to the Police Department. (Ord. 1444 § 2 (part), 2012: Ord. 1372 § 2, 2006: Ord. 1250 § 1 (part), 1998. Formerly 8.16.100)

8.16.090 Prohibited phone and other devices.

No person shall use or cause to be used any telephone device, telephone attachment on any telephone trunk line of the Police Department, or automated e-mail, messaging, texting or similar system which reproduces any tone, signal prerecorded audio message, or other message to report any burglary, robbery, fire or other emergency. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.110)

Article IV. Audible Alarm Regulations

8.16.100 Timing device/battery backup.

A. Except for alarms or alarm systems required by the International Fire Code or the California Fire Code, each audible alarm system shall be equipped with a timing device that will silence or turn off such audible signal within fifteen minutes of activation. The owner of each audible alarm system that is not so equipped shall update the alarm system to comply with this regulation.

B. Each alarm system shall also be equipped with a battery backup capable of powering the alarm system for not less than four hours. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.120)

8.16.110 Sirens.

It is unlawful to install or maintain any audible alarm which generates a sound similar to sirens used on authorized emergency vehicles or for civil disaster purposes. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.130)

8.16.120 Nuisance.

Except for alarms or alarm systems required by the International Fire Code or the California Fire Code, any alarm that is audible for longer than fifteen minutes will be deemed a nuisance and may be disabled by the Police Department. If disabled by the Police Department, all repairs or damages incident to efforts by the Police Department to disable the alarm shall be the responsibility of the owner. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.140)

Article V. Violation and Appeals Procedure

8.16.130 Appeal procedure.

Any person aggrieved by the action of the Chief of the Police Department or his/her designated agent in denying a permit, application fee, alarm response fee, or in the suspension or revocation of any permit provided by this chapter, may appeal to the City Administrative Hearing Officer. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.150)

8.16.140 Violation—Penalty.

Any person who installs or causes to be installed any device as provided for in this chapter without first obtaining a permit as described herein shall be guilty of a misdemeanor. Alarms that are deemed a nuisance will be required to comply with this chapter. These violations shall be punishable by a fine set forth by resolution of the City Council. (Ord. 1444 § 2 (part), 2012. Formerly 8.16.160)

Article VI. False Alarms

8.16.150 Exceptions.

A. If the alarm owner or private security company under contract makes contact with the Police Department before responding units arrive at the location of the alarm, the owner will not be charged with a false alarm.

B. In the event of a natural disaster, i.e., earthquake, power outage, etc., the false alarm generated as a result of this occurrence will not be charged as a false alarm response. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.170)

8.16.160 Notification.

In the event of a false alarm within the City resulting in a Police Department response from any alarm system or from contact from a private security company under contract with an owner, a notice will be issued by the Police Department to the alarm owner. The notice shall set forth the time and nature of the false alarm. The notice will be mailed to the record alarm owner by regular United States mail, postage prepaid, to the address at which the alarm is installed or by other suitable means as deemed appropriate by the Chief of the Police Department. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.180)

8.16.170 Alarm response fee.

A. Each alarm system shall be allowed one false alarm without service charge during each fiscal year from July 1st through June 30th. The alarm owner shall pay a service charge in an amount established by resolution of the City Council for each subsequent false alarm during the fiscal year.

B. A violation notice will be generated and an invoice sent to the alarm owner at the alarm location. Failing to pay the required fees will result in a suspension of an alarm permit and nonresponse to subsequent alarms by the Police Department.

C. Private security company personnel are allowed to report an alarm activation to the Police Department or Fire Department. However, false alarms will be assessed as provided in this chapter. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.190)

8.16.180 Excessive false alarms.

In the event any alarm system within the City activates more than twelve false alarms within any one-year period, such alarm system shall be suspended and shall be deactivated until written verification by the alarm company establishes that the problem causing the false alarms has been corrected. (Ord. 1444 § 2 (part), 2012: Ord. 1250 § 1 (part), 1998. Formerly 8.16.200)