Chapter 8.08
ALARM SYSTEMS
Sections:
8.08.030 City business license required.
8.08.050 Alarm user’s permit required.
8.08.060 Alarm systems terminating at fire or police department’s alarm panel.
8.08.090 False alarm service fee.
8.08.100 Penalties—Enforcement.
8.08.010 Purpose.
The city of San Jacinto finds and determines that the regulation of alarm systems and the control of false alarms are necessary to promote the health, welfare and safety of the community. Many alarm systems currently in use either mechanically malfunction, or are not operated properly by their users, causing an increase in false alarm reports, thereby constituting a hazard and wasted time for police and fire personnel, communications personnel and the public in general. The city council determines and finds that the high rate of false alarms is extreme, and that the remedies set forth in this chapter, including without limitation fee assessments, are necessary to address and remedy this problem and its negative impact on the services of the city and the taxpayers of the community. (Ord. 08-10 § 2 (part))
8.08.020 Definitions.
For the purpose of this chapter, certain words and phrases used herein are defined as follows:
“Alarm agent” is a person defined as such in the Alarm Company Act contained in the State of California Business and Professions Code, Division 3, Chapter 11.6, Alarm Companies.
“Alarm company operator” is a person defined as such in the Alarm Company Act contained in the State of California Business and Professions Code, Division 3, Chapter 11.6, Alarm Companies.
“Alarm system” means any device, whether mechanical or electrical, fixed or mobile, designed and used to notify fire or police personnel, either directly or through a third party, of an event to which fire or police personnel are expected to respond. An alarm system does not include a battery operated smoke detector or the conventional use of a cellular or landline telephone. An alarm system does include manual and automatic alarm systems and mobile security devices. An alarm system that notifies police personnel is a police alarm system. An alarm system that notifies fire personnel is a fire alarm system.
1. “Commercial alarm system” means an alarm system that is used to detect a hazardous condition in or about a nonresidential structure or area.
2. “Residential alarm system” means an alarm system that is used to detect a hazardous condition in or about a structure or area that is used primarily for non-business purposes and intended for habitation, including individual dwelling unit(s) within a single- or multiple-family structure.
“Alarm user’s permit” means a document containing pertinent information about the alarmed premises and its authorized user as required by the fire chief or chief of police.
“Alarmed premises” means the location upon which an alarm system is located.
“Audible alarm” means that type of alarm system which, when activated, emits an audible sound.
“Automatic protection device” means a device that reports a hazardous condition to a remote location over the regular telephone network by dialing a preprogrammed telephone number then delivering a prerecorded voice message identifying the nature and location of the alarm.
“Chief of police” means the chief of police of the city or his or her authorized representative.
“City” means city of San Jacinto.
“False alarm” means the activation of an alarm system necessitating response by fire or police personnel where a hazardous condition for which the alarm system was designed or used does not exist. Alarm systems that are activated by a person or persons who have a reasonable belief under the particular circumstances that activation was necessary shall not be deemed a false alarm. False alarm shall not include an alarm system activated as a result of authorized servicing, testing, maintenance, adjustments, alterations or installations thereof; provided, that the respective permittee or authorized agent thereof notifies the chief of police as required pursuant to Section 8.08.040(D) prior to the commencement of any of the aforesaid activities. “False alarm” shall not include an alarm system affixed to automobiles, boats, trailers, or recreational vehicles.
“Fire chief” means the fire chief of the city or his or her authorized representative.
“Fire department” means the fire department of the city.
“Hazardous condition” means an event(s) or occurrence(s) which is indicative of a fire, robbery, burglary or other condition which poses a hazard or threat to persons or property and for which the alarm system is intended to detect or alert.
“Person” means any individual, partnership, firm, company, association, organization or corporation.
“Police department” means the police department of the city. (Ord. 08-10 § 2 (part))
8.08.030 City business license required.
No alarm company operator or alarm agent shall be permitted to sell on premises, alter, install, maintain, move, repair, replace, respond, lease or monitor any alarm system without first obtaining a city business license to operate within the city. (Ord. 08-10 § 2 (part))
8.08.040 Conditions.
Each person utilizing any alarm system shall comply with the following conditions.
A. Audible Alarms. Audible commercial alarm systems shall be equipped with an automatic shutoff mechanism capable of terminating the audible annunciator after activation within a maximum time of thirty (30) minutes.
Audible residential alarm systems shall be equipped with an automatic shut-off device capable of terminating the audible annunciator after activation within a maximum time of fifteen (15) minutes.
The annunciator, when activated, shall not resemble the sound of any type of sirens utilized by emergency vehicles.
B. Power Requirements. The alarm system shall not transmit a signal nor activate an annunciator indicating the existence of a hazardous condition when its power is interrupted or restored unless a hazardous condition does, in fact, exist.
C. Emergency Information. Each person utilizing any alarm system shall provide emergency contact information to the alarm agent or alarm company monitoring the alarm system and file emergency contact information with the police department concurrently with the issuance or renewal of the required alarm user’s permit required in Section 8.08.050. The police department shall be notified immediately of any changes in persons responsible for operating the alarm system.
D. Maintenance Notification. Each person utilizing any alarm system shall contact the chief of police prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm.
E. Repairs. Each person utilizing any alarm system shall repair any malfunction causing a false alarm promptly to eliminate the malfunction. The annunciator shall be disconnected while repairs are being made.
F. Automatic Protection Devices. Automatic protection devices shall not be keyed to any police department or fire department telephone line.
G. Multiple Premises. Any person who occupies more than one building, suite, office or other tenancy in which an alarm system is installed or used, and the alarm system is monitored, shall adjust or alter the alarm system to automatically indicate to the person receiving the alarm, which building, office, suite or tenancy from which the alarm originates.
H. Public Nuisance. The city council deems a public nuisance any alarm system which by its operation, malfunction or misuse violates the provisions and conditions set forth in subsections A or F of this section and in doing so, directs the police department or fire department to cause to be disconnected or disabled the alarm system or component part(s) causing the nuisance until corrective measures can be taken by the system user or owner. (Ord. 08-10 § 2 (part))
8.08.050 Alarm user’s permit required.
An alarm user’s permit to operate an alarm system shall be obtained by the responsible owner of each alarmed premises, having a different mailing address, in compliance with the following conditions:
A. The alarm user’s permit shall be obtained from the city prior to utilizing the alarm system. Systems that are in use prior to the effective date of this chapter shall have one hundred and twenty (120) days in which to obtain the alarm user’s permit.
B. An alarm user’s permit fee shall be paid for the alarm user’s permit as required by city council resolution at the time of business license renewal or as otherwise specified herein.
C. Persons applying for an alarm user’s permit for a residential alarm system, who are sixty (60) years of age or over, shall be exempt from paying a fee but shall otherwise comply with all other provisions of this chapter.
D. Any person applying for an alarm user’s permit who is a governmental entity or a public school district shall be exempt from paying a fee, but shall otherwise comply with all provisions of this chapter.
E. Alarm user’s permits shall be nontransferable to other persons or locations, thereby requiring a new permit upon any change of business owner, resident or location.
F. Possession of an alarm user’s permit shall not guarantee the availability of fire or police response nor preclude the discontinuance of fire or police response due to violations set forth in Section 8.08.070.
G. An alarm user’s permit shall not be renewed if fire or police response has been discontinued as provided herein.
H. It is unlawful for any person to use or operate an alarm system without first obtaining an alarm user’s permit. (Ord. 08-10 § 2 (part))
8.08.060 Alarm systems terminating at fire or police department’s alarm panel.
A. The chief of police (in the case of the police alarm panel) or the fire chief (in the case of the fire alarm panel) shall approve or conditionally approve all alarm systems prior to their connection into the fire or police alarm panel.
B. Residential alarm systems will not be accepted for connection to the fire or police alarm panel.
C. The fire and police departments shall not test such alarm systems more than once per month, at the person’s request, unless the police chief (in the case of alarm systems that connect to the police alarm panel), or the fire chief (in the case of alarm systems that connect to the fire alarm panel) authorize such additional test.
D. The chief of police or fire chief may order such alarm systems to be disconnected if they violate any section of this chapter.
E. An alarm user’s permit must be obtained and the required fee for alarms terminating at the fire or police panel paid prior to connection. (Ord. 08-10 § 2 (part))
8.08.070 Suspended response.
A. The fire chief or chief of police may discontinue or suspend their department’s response, excluding responses to hazardous conditions, to a particular location under any of the following situations:
1. An alarm operator or alarm agent requests a fire or police response to the alarmed premises and does not have a current business license or is delinquent in payment of any fines, penalties, fees, or payments due under this code or any ordinance, resolution, rule, or regulation of the city.
2. The request for a fire or police response is received from a person that is in violation of this chapter.
3. During the previous calendar year, four or more false alarms have occurred at the alarmed premises.
4. During any consecutive twenty-four (24) hour period, two or more false alarms have occurred at the alarmed premises.
5. The intentional activation of an alarm system by any person, when a hazardous condition does not exist. Such hazardous conditions are to include only those which the person’s alarm system was specifically designed to protect or to alert the fire or police departments.
6. Nonpayment of alarm user’s permit fee, fire or police alarm panel fee and/or false alarm service fee.
7. Noncompliance with the provisions of Sections 8.08.040(A) or (F).
8. Noncompliance with the Business and Professions Code of the state of California and San Jacinto Municipal Code as it pertains to alarm users contracting with unlicensed alarm company operators or alarm agents.
B. Upon discontinuing or suspending fire or police responses to the alarmed premises, the fire chief or chief of police shall provide timely written notice of such action to the person that, in their opinion, is principally affected by such action (e.g., the alarm operator, alarm agent or the alarm user permittee). (Ord. 08-10 § 2 (part))
8.08.080 Appeals.
A. Any person aggrieved by a decision of the fire chief or chief of police may file an appeal to the city manager; provided, that any and all delinquent fines, penalties, fees, or payments are fully paid up to the date of the filing of the appeal. A complete and proper appeal shall be filed with the city clerk within fifteen (15) calendar days of the action that is the subject of the appeal. If the person fails to file an appeal within the fifteen day filing period provided herein, the city’s action shall take effect immediately upon expiration of such filing period. All appeals shall be in writing and shall contain the following information: (1) name(s) of the person filing the appeal, (2) a brief statement in ordinary and concise language of the relief sought, and (3) the signatures of all parties named as appellants and their mailing addresses. After receiving the appeal, the city clerk shall immediately forward the matter to the city manager for handling.
B. The city manager shall, upon receipt of the appeal, set the matter for hearing before the city manager or a hearing officer. Any hearing officer shall be a licensed attorney or recognized mediator designated by the city manager. The hearing shall be set for not more than ten (10) calendar days after the receipt of the appeal unless a longer time is requested or consented to by the appellant. Notice of such hearing shall be given in writing and mailed at least five calendar days prior to the date of the hearing, by U.S. mail, with a proof of service attached, addressed to the appellant(s) listed on the appeal. The notice shall state the grounds of the complaint or reason for the city’s action and shall state the time and place where such hearing will be held.
C. The city manager or hearing officer shall, within ten (10) calendar days following the conclusion of the hearing, make a written finding and decision, which shall be delivered to the city and the appellant by first class mail. Notwithstanding any provision in this code, the decision of the city manager or hearing officer shall be the final administrative decision of the city of San Jacinto. Any party dissatisfied with the decision of the city manager or hearing officer may seek review of such decision under the provisions of Code of Civil Procedure, Sections 1094.5 and 1094.6, as amended from time to time. (Ord. 08-10 § 2 (part))
8.08.090 False alarm service fee.
A. Any alarm user permittee having an alarm system which results in a fire or police department response in which the alarm proves to be a false alarm, shall pay a false alarm service fee to the city of San Jacinto as set forth as follows or as may be established from time to time by resolution of the city council. The following false alarm service fee schedule shall not apply to any false alarms that occur within thirty (30) calendar days of the initial completed installation of a new alarm system. False alarm service fees shall be paid to the city after three false alarms have been received from any one source from any one alarm system in accordance with the following schedule:
|
Number of False Alarms in a Calendar Year |
Fines |
|
1 |
No Charge |
|
2 |
No Charge |
|
3 |
$50.00 |
|
4 |
$75.00 |
|
5 |
$100.00 |
|
6 or more |
$250.00 |
B. Any person other than an alarm user permittee having an alarm system which results in a fire or police department response in which the alarm proves to be a false alarm, shall pay a false alarm service fee to the city of San Jacinto as set forth as follows or as may be established from time to time by resolution of the city council. The following false alarm service fee schedule shall not apply to any false alarms that occur within thirty (30) calendar days of the initial completed installation of a new alarm system. False alarm service fees shall be paid to the city after three false alarms have been received from any one source from any one alarm system in accordance with the following schedule:
|
Number of False Alarms in a Calendar Year |
Fines |
|
1 |
$100.00 |
|
2 |
$150.00 |
|
3 |
$200.00 |
|
4 or more |
$250.00 |
Any false alarm service fee paid to the city pursuant to this subsection B of this section may be credited against the cost of the alarm user’s permit fee required by Section 8.08.050. (Ord. 08-10 § 2 (part))
8.08.100 Penalties—Enforcement.
Notwithstanding the assessment of any other assessments, fees or charges contained in this chapter, any person violating any provisions of this chapter is guilty of an infraction and upon conviction thereof shall be punished by:
A. A fine not exceeding one hundred dollars ($100.00) for a first violation;
B. A fine not exceeding two hundred dollars ($200.00) for a second violation of this chapter within one year;
C. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. (Ord. 08-10 § 2 (part))