Chapter 9.05
PUBLIC SAFETY ALARM SYSTEMS
Sections:
9.05.030 Alarm systems standards.
9.05.040 Alarm system registration.
9.05.050 Silencing alarm systems.
9.05.060 Prohibited alarm systems.
9.05.070 Alarm businesses and agents--Notice of change.
9.05.090 Reimbursement for false alarm.
9.05.100 Police response to false alarms.
9.05.140 Limitation of liability.
9.05.010 Purpose.
The purpose of this chapter is to set forth regulations governing burglary, robbery, fire and medical alarm systems within the city; to reduce false alarms; to require registration certificates therefor; and to provide the authority to establish fees. (Ord. 09-02 §1(part), 2009).
9.05.020 Definitions.
A. General. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this chapter shall govern the construction, meaning and application of words and phrases used in this chapter and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in this code shall govern the construction, meaning and application of words and phrases used in this chapter. The definitions of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
B. Alarm Agent. The term "alarm agent" means any person who is registered as an alarm agent with the Bureau of Collection and Investigative Services, pursuant to the provisions of Division 3, Chapter 11.6 of the Business and Professions Code, and doing business as such within the corporate limits of the city of Kerman.
C. Alarm Company Operator. The term "alarm company operator" means any person licensed as an alarm company operator by the Bureau of Collection and Investigative Services, pursuant to the provisions of Section 7590.2 of the Business and Professions Code as it may be amended from time to time, and doing business as such within the corporate limits of the city of Kerman.
D. Alarm Officer. The term "alarm officer" means, with regard to burglary or robbery alarm systems, the chief of police of the city of Kerman, and, with regard to fire or medical assistance alarms, the fire chief of the fire department, providing fire prevention and emergency response services in the city.
E. Alarm System. The term "alarm system" means any mechanical or electrical device which is designed or used for the detection of burglary, robbery, fire or need for medical assistance within a building, structure or facility, or for alerting others to the commission of an unlawful act or hazard within a building, structure or facility, or both; which emits a sound or transmits a signal or message when actuated; and which is designed to elicit a response from the police department or fire department. Alarm systems include, but are not limited to, direct-dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition. An alarm system includes all of the necessary equipment designed and installed for the detection of burglary, robbery, fire, need for medical assistance, or other hazard in a single building, structure, or facility, or for alerting others of the commission of an unlawful act within a building, structure or facility, or both.
F. Automatic Dialing Device. The term "automatic dialing device" means an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect.
G. Controller. The term "controller" means the controller and finance director of the city of Kerman.
H. False Alarm. The term "false alarm" shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the subscriber or of his employees or agents. The term "false alarm" shall not include alarms caused by hurricanes, tornadoes, earthquakes, or other conditions that are clearly beyond the control of the alarm user.
I. Subscriber. The term "subscriber" means any person who purchases, leases, contracts for or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system. (Ord. 09-02 §1(part), 2009).
9.05.030 Alarm systems standards.
All alarm systems and their installation shall conform with the requirements of the California State Fire Marshal as provided in Section 13114 of the Health and Safety Code as it may be amended from time to time. (Ord. 09-02 §1(part), 2009).
9.05.040 Alarm system registration.
A. Registration required upon occurrence of false alarm. Each subscriber whose alarm system sounds two "false alarms," as that term is defined in Section 9.05.020(H), shall file an alarm system registration with the police department within ten days of such false alarm, and in accordance with the provisions of this section.
B. Applications. An alarm system registration shall be filed with the police department on forms provided by the police department. The application shall be signed and verified by the subscriber and shall contain such information as may be deemed necessary by the police department.
C. Alarm Requirement. The subscriber shall supply on his application for registration certificate the names, addresses and phone numbers of at least three persons to notify in the event of an alarm activation. If the subscriber has arranged for a service contact with a service company which operates on a twenty-four-hour basis, emergency telephone numbers of the service company shall be deemed to satisfy this requirement. (Ord. 09-02 §1(part), 2009).
9.05.050 Silencing alarm systems.
Upon notification by the alarm officer that an alarm system is activated, the subscriber, his representative, or his alarm agent, shall immediately proceed to silence the alarm, and the silencing shall be completed within thirty minutes of such notification. Alternately, the alarm system may be equipped with an automatic shutoff device which shall silence the alarm within thirty minutes, thus eliminating the need for personal responses otherwise required by this section. Should an alarm fail to be silenced by any means described in this section within the time limits prescribed by this section, the police department shall have the authority to hire an alarm agent or alarm company operator to silence the alarm. All costs and expenses incurred by the police department in hiring an alarm agent or alarm company operator to silence the alarm shall be borne by the subscriber. (Ord. 09-02 §1(part), 2009).
9.05.060 Prohibited alarm systems.
A. Audible Alarms Similar to Sirens. It is unlawful to install or maintain on the exterior or interior of a building an intrusion detection device or burglar alarm system which upon actuation emits a sound which is similar to sirens in use on emergency vehicles or in vehicles used for civil defense purposes.
B. Direct Transmission. No person shall use, install, or maintain an automatic dialing device that initiates transmission to any telephone assigned to any office or department of the city. (Ord. 09-02 §1(part), 2009).
9.05.070 Alarm businesses and agents--Notice of change.
All alarm company operators and alarm agents shall register their name and file a copy of their state identification card or registration certificate with the police department.
Whenever any change occurs relating to any information required by this chapter, the person required to provide such information shall give written notice thereof to the police department within ten days after such change. (Ord. 09-02 §1(part), 2009).
9.05.080 Maintenance.
Each subscriber shall maintain each alarm system in good working order, providing the necessary service to prevent false alarms, to prevent malfunctions endangering persons or property, and to prevent other malfunctions. (Ord. 09-02 §1(part), 2009).
9.05.090 Reimbursement for false alarm.
A subscriber shall reimburse the city by making payment according to the invoice provided by the controller for the cost of the police or fire department manpower and equipment response to each false alarm in excess of three false alarms within a fiscal year. The reimbursement shall be in the amount of fifty dollars for the fourth false alarm in a fiscal year, and seventy-four dollars and eighty-four cents for each subsequent false alarm in a fiscal year. This figure is based upon two mid-range officers (based on February 2009 wages) for one hour plus fifteen percent for overhead. The city council may revise the reimbursement amount by resolution from time to time to reflect the average estimated costs incurred by the city and its police department in responding to false alarms. (Ord. 09-02 §1(part), 2009).
9.05.100 Police response to false alarms.
The alarm officer shall respond to all burglary or robbery alarms at a given address.
A. When the city’s emergency services has responded to two false burglary and/or robbery alarms at that address in a fiscal year, the alarm officer shall provide the occupant of the property and the subscriber with a letter that states if the city’s emergency services receive two more false alarms at this address, the city will begin to charge them for the estimated costs of emergency service’s time on-scene. At this time the alarm officer shall provide the subscriber with a copy of the ordinance codified in this chapter and require them to register their system with the police department.
B. When, following the police department’s delivery of the letter referred to in subsection A of this section, there have been four or more false burglary and/or robbery alarms received in that fiscal year, the city’s emergency services shall begin charging for responses to that address.
C. Any reimbursements will be assessed pursuant to Section 9.05.090 against the subscriber at that address. For purposes of this section, a fiscal year shall begin July 1st and end the following June 30th. (Ord. 09-02 §1(part), 2009).
9.05.110 Appeal.
Any subscriber who wishes to appeal the reimbursement of costs required pursuant to Section 9.05.090 may do so in accordance with the provisions of Section 1.16.044. If no appeal is filed within the time prescribed, the action of the controller shall be final. (Ord. 09-02 §1(part), 2009).
9.05.120 Exempt alarms.
A. Automobile Alarms. The provisions of this chapter shall not apply to audible alarms affixed to automobiles.
B. Alarm Officer. The provisions of this chapter shall not apply to any alarm system installed or maintained by the alarm officer in connection with his or her official duties. (Ord. 09-02 §1(part), 2009).
9.05.130 Enforcement.
The conviction or punishment of any person for violation of the provisions of this chapter shall not release such person from paying the license fee or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarms prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy. (Ord. 09-02 §1(part), 2009).
9.05.140 Limitation of liability.
The duties or obligations of the city to a subscriber or to any other person shall not be increased, heightened or created by reason of any provision of this chapter or the exercise of privileges of a subscriber hereunder, including, but not limited to, any duties or obligations that might arise in connection with any defects in an alarm system or any delays in transmission or response to any alarm. (Ord. 09-02 §1(part), 2009).