Chapter 9.58
SECURITY ALARM SYSTEMS
Sections:
9.58.060 Termination of registration.
9.58.070 Security alarm system standards.
9.58.080 False alarm – Regulations.
9.58.090 Penalty for violation.
9.58.110 Connections to alarm monitoring system.
9.58.010 PURPOSE.
This chapter is enacted for the purpose of preserving the public health, safety, and welfare by providing a measure of administrative control over security alarm systems, as defined hereinafter.
(Ord. 79-23 § 1 (part), 1979).
9.58.020 DEFINITIONS.
For the purpose of this chapter, certain words and phrases shall be interpreted as set forth in this section, unless it is apparent from the content that a different meaning is intended.
(1) “Alarm business” shall mean any business operated by a person, firm, or corporation which engages in the activity of alerting, installing, leasing, maintaining, repairing, replacing, selling or servicing security alarm systems.
(2) “Audible alarm” shall mean an alarm system which, when actuated, generates an audible sound on the premises.
(3) “Silent alarm” shall mean an alarm system, which, when actuated, transmits a signal to a monitor at a predesignated place other than the location where the alarm has been installed.
(4) “False alarm” shall mean an alarm signal, either silent or audible, prompting a response to be made by the Santa Cruz police department, when an emergency situation for which the alarm system was intended does not exist.
(5) “Subscriber” shall mean a person who owns or leases property or premises on which a security alarm system has been installed or is proposed to be installed or who contracts or proposes to contract with an alarm business for the leasing, servicing or maintaining of a security alarm system, and who has or will have authority to cause the security alarm system to be serviced, repaired and removed, after the system is installed.
(6) “New security alarm systems” shall mean an alarm system which is installed or becomes operational after the effective date of this chapter.
(7) “Existing security alarm system” shall mean an alarm system which is installed or becomes operational before the effective date of this chapter.
(8) “Security alarm system” shall mean any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure, or facility, or for alerting others of the commission of an unlawful act within a building, structure or facility, and which is designed or used so as to transmit, when actuated, a sound, signal or message which is audible, visible or perceptible outside of the protected building, structure or facility. Security alarm system includes a system installed on residential as well as a system on commercial property. The following devices are not included with the definition of security alarm system:
(A) Auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system;
(B) Audible alarms affixed to motor vehicles;
(C) Alarm systems which are designed or used solely for the detection of fire, smoke, gas, failure of fire suppression equipment or other fire related hazards.
(9) “Pre-entry security alarm system” shall mean any security alarm system which is designed or used to detect any activity outside the secured perimeter of a building, structure, or facility.
(Ord. 79-23 § 1 (part), 1979).
9.58.030 PROHIBITIONS.
(1) New Security Alarm Systems. It shall be unlawful for any person to install, permit to be installed, operate or maintain any new security alarm system within the city of Santa Cruz on or after the effective date of this chapter, unless the alarm system is properly registered pursuant to this chapter.
(2) Existing Security Alarm Systems. It shall be unlawful for any person to operate or maintain any existing security alarm system within the city of Santa Cruz on or after six months from the effective date of this chapter unless the alarm system is properly registered, pursuant to this chapter.
(3) Pre-Entry Security Alarm Systems. It shall be unlawful for any person to operate any pre-entry security alarm system within the city of Santa Cruz on or after the effective date of this chapter in such a manner as may prompt a response from the Santa Cruz police department.
(4) Telephone Emergency Messages. It is unlawful for any person to use or cause to be used any electrical, mechanical, electronic attachments or other devices to any telephone or communication instrument that automatically reproduces any taped or otherwise recorded message to report a police or fire emergency to the police or fire department, without the prior written consent of the chief of that department.
(5) Compliance with standards and regulations. It shall be unlawful for any person to install, operate or maintain any security alarm system in violation of any of the standards and regulations provided for such systems as set forth in this chapter.
(Ord. 79-23 § 1 (part), 1979).
9.58.040 REGISTRATION.
(1) Each application for registration shall be submitted by the subscriber or by an authorized agent of the subscriber to the chief of police of the city of Santa Cruz.
(2) All applications for registration shall be submitted on numbered forms provided by the city of Santa Cruz police department and shall contain at least the following information:
(A) Name and telephone number of each subscriber;
(B) The address to which all notices to the subscriber may be mailed; if more than one subscriber is listed, notice given by mail to one subscriber at the address listed for such subscriber shall be deemed to be notice given to each subscriber listed;
(C) If the subscriber is a business organization, the name, address and telephone number of the individual person who is an officer, agent or employee of the subscriber and who is responsible for the maintenance and operation of the security alarm system on behalf of the subscriber;
(D) The name, address, and telephone number of the business or residence protected by the security alarm;
(E) Names of three persons who can be contacted twenty-four hours per day in case of an alarm;
(F) Name, address and telephone number of alarm business responsible for maintenance;
(G) Type of alarm system;
(H) Presence of any firearms, ammunition, guard dogs, explosives, flammable liquids, poisonous materials or any other hazardous materials on the property to be protected by the security alarm system;
(I) Any other information relevant to alarm technology, a particular alarm installation, or a description of a particular premises deemed necessary by the chief of police.
(3) Each application shall be signed by the subscriber. If the subscriber is a business organization, the application shall be signed by the president, the managing partner or other senior executive official of the subscriber who is authorized by the subscriber to sign the application.
(4) The application for registration shall be granted if the chief of police determines that the system will meet the standards set forth in this chapter and that the subscriber will comply with all the regulations set forth in this chapter.
(5) Whenever any change occurs rendering the written information required by this section obsolete, the subscriber shall give written notice thereof to the Santa Cruz police department within five days after such change occurs, and shall provide current, correct information with respect to such change; provided, when a material change in the subscriber occurs within the meaning of subsection (1)(B) of Section 9.58.060, subscriber shall give the notice required by this subsection and shall in addition submit a new application for registration, unless the security alarm system is deactivated or removed from the premises.
(6) The registration of a security alarm system shall not constitute a representation, warranty, or guaranty on the part of the city that the alarm system will operate to the satisfaction of the city or to the satisfaction of the subscriber, nor shall such registration relieve the subscriber of his responsibility to comply with all other provisions of this chapter, nor shall such registration relieve the subscriber of the responsibilities under this chapter in case of a failure to comply with such provisions.
(7) Registration, once granted, shall continue in effect for one year or until terminated as provided herein, whichever occurs first.
(Ord. 79-23 § 1 (part), 1979).
9.58.050 REGISTRATION FEE.
An annual registration fee in the amount established by the city council, by resolution, shall be due and payable upon application for registration of any security alarm system.
(Ord. 79-23 § 1 (part), 1979).
9.58.060 TERMINATION OF REGISTRATION.
(1) A security alarm system registration shall terminate upon the occurrence of any of the following events:
(A) Removal of the registered security alarm system from the address listed on the registration; or
(B) A material change in the subscriber that occurs under any of the following circumstances:
(i) If one individual is listed on the registration documents as the subscriber, when such person ceases to have the ownership interest, leasehold interest, or authority of a subscriber;
(ii) If two or more individuals are listed as the subscriber on the registration documents, when a majority of such persons cease to have the ownership interest, leasehold interest, or authority of a subscriber;
(iii) If a business organization is listed as the subscriber in the registration documents, when a substantial change in the ownership or management of such business organization occurs;
(C) Notification given to the subscriber pursuant to subsection (4) of Section 9.58.080, in accord with the terms of that subsection.
(2) Upon the termination of registration, the security alarm system shall immediately be deactivated or removed from the premises, or both; provided, that the chief of police may permit a continued operation of the system upon a change in subscriber if a new application for registration is filed within ten days.
(3) If the registration for a particular security alarm system is terminated or expires, such system may not continue to be used, nor may its use be reinstituted until a new registration for said system has been granted.
(Ord. 79-23 § 1 (part), 1979).
9.58.070 SECURITY ALARM SYSTEM STANDARDS.
(1) All security alarm systems shall be designed, manufactured, installed, operated and maintained so as to sufficiently minimize the occurrence of false alarms.
(2) All audible security alarm systems shall be equipped with a device which will automatically reset the audible alarm system within fifteen minutes after the alarm system is actuated.
(3) No audible security alarm system shall emit a sound similar to that of an emergency vehicle siren or a civil defense warning siren.
(4) Existing security alarm systems must conform to the provisions of subsections (1), (2) and (3) of this section not later than six months after the effective date of this chapter.
(Ord. 79-23 § 1 (part), 1979).
9.58.080 FALSE ALARMS – REGULATIONS.
(1) Subscribers or their agents shall notify the Santa Cruz police department prior to any service, test, repair, maintenance, adjustment, or alteration of installation which might actuate a false alarm.
(2) After any false alarm caused by malfunction of the security alarm system, a security alarm system subscriber shall cause the alarm system to be repaired so as to eliminate the malfunction before reactivating the alarm. No person shall reactivate such alarm until such repairs are made.
(3) Shall any security alarm system actuate more than the number of false alarms allowed in any calendar year, as established by resolution of the Santa Cruz city council, the city shall charge the subscriber the amount prescribed in the security alarm system fee schedule as established by resolution of the Santa Cruz city council.
(4) If any security alarm system actuates twelve or more false alarms in any ninety-day period, the chief of police may terminate the registration and suspend police responses for that security alarm system. Prior notice of termination shall be mailed to the subscriber. The notice shall advise the subscriber that the registration and police responses will terminate at twelve midnight on the tenth day after the notice is mailed, and shall state the reasons for the termination and the date upon which the notice was mailed, and shall advise the subscriber that any information that might mitigate the termination decision must be submitted in writing to the chief of police before the expiration of the ten-day period. If such mitigating information is received, the chief of police may take such action as he deems appropriate, including terminating the registration, extending the registration for a specified period or periods, granting an informal hearing on the objections, and renewing or reinstating the registration upon any conditions deemed appropriate. The registration shall not be terminated earlier than twelve midnight on the tenth day after the original termination notice is given. The police chief shall immediately notify the subscriber by mail of such termination.
(5) False alarms occurring during the first thirty days of operation of a registered, newly installed security alarm system shall not be counted for purposes of subsection (3) or (4) of this section.
(6) Alarms caused by storm activity, power outages, or other factors beyond the control of the subscriber, as determined by the Santa Cruz police department, shall not be counted for purposes of subsection (3) or (4) of this section.
(7) Shall any security alarm system actuate and the alarm be found to be unregistered with the police department, the city shall charge the subscriber the amount prescribed in the security alarm system fee schedule as established by resolution of the Santa Cruz city council.
(Ord. 2008-02 § 2, 2008).
9.58.090 PENALTY FOR VIOLATIONS.
Any persons violating any of the provisions of this chapter will be deemed guilty of an infraction and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars.
(Ord. 79-23 § 1 (part), 1979).
9.58.100 PUBLIC NUISANCE.
Any security alarm system installed, operated or maintained in violation of any of the provisions of this chapter is hereby declared to be public nuisance and may be abated in accord with the provisions of this code or of state law authorizing the abatement of public nuisances.
(Ord. 79-23 § 1 (part), 1979).
9.58.110 CONNECTIONS TO ALARM MONITORING SYSTEM.
(1) The chief of police may permit the connection of any security alarm system to the Santa Cruz police department alarm monitoring system, subject to such terms and conditions as he may deem appropriate or as may be established by resolution of the city council.
(2) The city council may establish by resolution an installation fee to be charged for the connection of any security alarm system to the Santa Cruz police department alarm monitoring system.
(Ord. 79-23 § 1 (part), 1979).