Chapter 5.20
SECURITY ALARM SYSTEMS
Sections:
5.20.010 Findings and purpose.
5.20.030 Security alarm system requirements.
5.20.050 Notice to subscriber.
5.20.060 Notice of assessment.
5.20.090 Telephone emergency messages.
5.20.100 False alarm service charge.
5.20.120 False alarm civil penalty assessment.
5.20.140 Penalty for violations.
5.20.010 Findings and purpose.
The council finds that the public is making increasing use of security alarm systems, and the police are called to respond to such alarms with greater frequency. The majority of the alarms activated and responded to turn out to be false. False alarms impose a financial burden on the city and, by demanding fast police response, cause substantial risk both to police personnel and the public. It is therefore necessary to regulate the use of security alarm systems in the city and to establish service charges to be assessed in the event of false alarms. (Ord. 676 § 2, 1985)
5.20.020 Definitions.
The following definitions shall govern the construction of this chapter, unless the context otherwise requires.
“Audible alarm” means an alarm system which, when activated, generates an audible sound on the premises.
“False alarm” means an alarm signal, either silent or audible, prompting a response to be made by the police or fire department, when an emergency situation for which the alarm system was intended does not exist.
“Person” means and includes, but is not limited to, a natural person, firm, partnership, association, corporation or other business.
“Security alarm system” means any mechanical or electrical device which is designated 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 activated, 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 on commercial property. “Security alarm system” shall also include alarm systems which are designed or used for the detection of fire, smoke, gas, failure of fire suppression equipment or other fire-related hazards. The following devices are not included within the definition of “security alarm system”:
1. 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;
2. Audible alarms affixed to motor vehicles.
“Silent alarm” means an alarm system which, when activated, transmits a signal to a monitor at a predesignated place other than the location where the alarm has been installed.
“Subscriber” means 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 or removed after the system is installed.
“Written notice” means a written notice, given by personal service or by the United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the notice into the custody of the United States Postal Service. (Ord. 807 § 1(A) – (C), 1992; Ord. 676 § 2, 1985)
5.20.030 Security alarm system requirements.
A. False Alarms. All security alarm systems shall be designed, manufactured, installed, operated and maintained so as to sufficiently minimize the occurrence of false alarms.
B. Notices Required to Be Posted. Every person maintaining a security alarm system shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs and service or secure the premises during any hour of the day or night in the event the alarm is activated. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building where the alarm system is located. The wording “Security Alarm – Call Seaside Police Department” shall be placed on the gong covers immediately below such alarm system.
C. Siren Sounds Prohibited. It shall be unlawful to install or use a security alarm system which emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning purposes.
D. Timing Devices. All local exterior bells, gongs or noisemaking devices shall have a timing device that will silence or turn off such devices within ten minutes following initial activation. Those audible alarms installed prior to the effective date of the ordinance codified in this chapter will have ninety days to comply with the requirements of this section.
E. Alarm System Standards. All alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may hereafter be established by resolution of the city council. The city reserves the right to inspect all security alarm systems subject to all applicable laws.
F. Maintenance Notification. The subscriber shall notify the police department prior to any service test, repair, maintenance, alteration or installation of a security alarm system which might produce a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm. Testing shall be held to a minimum required to ensure proper operation.
G. 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 which is capable of at least four hours of operation. (Ord. 676 § 2, 1985)
5.20.040 Investigation.
One of the law enforcement officers responding to each alarm as defined in this chapter shall attempt to ascertain by investigation whether such alarm was a false alarm as defined in SMC 5.20.020. If the investigation indicates to the investigating officer that the alarm was a false alarm, such officer shall forward a report of this investigation to the chief of police or his designee setting forth his findings. (Ord. 676 § 2, 1985)
5.20.050 Notice to subscriber.
Upon receipt of the report described above, the chief of police or his designee shall cause a written notice to be served upon the subscriber of the security alarm system. The notice shall indicate that a false alarm was made from such premises, and that steps should be taken by the subscriber to prevent future false alarms. The notice also shall state that if more than one false alarm occurs on the premises, a service charge established by resolution shall be assessed against the subscriber for each subsequent false alarm which occurs. (Ord. 1042 § 2 (Att. C), 2017; Ord. 676 § 2, 1985)
5.20.060 Notice of assessment.
In any case where a service charge is required by this chapter, the chief of police or his designee shall send the subscriber a notice of assessment of such charge containing at least the following information:
A. The amount of the assessed fee;
B. The dates, times and names of police personnel who responded to each alarm;
C. The fact that the assessment must be paid within thirty days of the issuance of the notice of assessment as set forth in SMC 5.20.070; and
D. The right of appeal to the council under SMC 5.20.080. (Ord. 676 § 2, 1985)
5.20.070 Payment.
Within thirty days of the service of the notice of assessment described in SMC 5.20.060, the subscriber of the security alarm system shall remit to the city cashier the full amount of the service charge. (Ord. 676 § 2, 1985)
5.20.080 Appeals.
Any person who has been assessed a false alarm service charge has the right to appeal to the city council by filing a notice of appeal with the city manager within fifteen days after service of the notice of assessment. Filing a notice of appeal shall stay an assessment until the appeal has been heard by the council. The appeal shall be set for hearing within thirty days from the filing of the notice of appeal. The city council may overrule, affirm or modify the decision of the chief of police. (Ord. 676 § 2, 1985)
5.20.090 Telephone emergency messages.
It is unlawful for any person to use or cause to be used any electrical, mechanical, electronic attachments or other devices on 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. (Ord. 676 § 2, 1985)
5.20.100 False alarm service charge.
A. There is imposed a service charge upon every subscriber who reports or causes to be reported more than one false alarm from a security or fire alarm system within a one-year period. A separate charge shall be imposed for each subsequent false alarm which occurs within the one-year period. Service charges shall be determined by resolution of the city council and shall be included in the annual schedule of fees and charges.
B. Alarms caused by storm activity, power outages or other factors beyond the control of the subscriber, as determined by the police or fire department, shall not be counted for the purposes of this section. (Ord. 807 § 2, 1992; Ord. 676 § 2, 1985)
5.20.110 Exemptions.
The following alarm systems shall be exempt from this chapter:
A. New installations, for thirty days after completion of installation; and
B. Alarm systems installed in public schools or public buildings. (Ord. 807 § 3, 1992; Ord. 676 § 2, 1985)
5.20.120 False alarm civil penalty assessment.
Upon a showing that a subscriber has failed to meet the requirements of this chapter, the city manager is authorized to demand that the subscriber disconnect the security alarm system until such time as it complies with the requirements. (Ord. 676 § 2, 1985)
5.20.130 Collection.
If any person fails to pay the charges assessed pursuant to the provisions of this chapter, the city may institute an action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city. (Ord. 676 § 2, 1985)
5.20.140 Penalty for violations.
Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars. (Ord. 676 § 2, 1985)
5.20.150 Public nuisance.
Any security alarm system installed, operated or maintained in violation of any of the provisions of this chapter is declared to be a public nuisance and may be abated in accordance with the provisions of this code or of state law authorizing the abatement of public nuisances. (Ord. 676 § 2, 1985)
5.20.160 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 676 § 2, 1985)