Chapter 8.24
SECURITY AND FIRE ALARM SYSTEMS

Sections:

8.24.010    Purpose.

8.24.020    Definitions.

8.24.030    Alarm business registration.

8.24.040    Alarm agent registration.

8.24.050    Notification of change.

8.24.060    Alarm user’s permit.

8.24.070    Alarm system standards.

8.24.080    Telephone device prohibited.

8.24.090    Monitoring services.

8.24.100    Disconnection of audible alarms.

8.24.110    Registration, permit and service fees.

8.24.120    Nuisance alarms.

8.24.010 Purpose.

The purpose of this chapter is to establish standards and controls for the various types of intrusion, hold-up, smoke, fire and other emergency signals from alarm systems that require police or fire department response or investigation, and for the businesses and persons installing and servicing said systems in order to protect the public health, welfare and safety and control the excessive number of false alarms. (Ord. 88-5 § 1 (part), 1988)

8.24.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

“Alarm agent” means any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises.

“Alarm business” means any person, firm or corporation conducting or engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises.

“Alarm system” is any device designed for the detection of an unauthorized entry, smoke or fire on premises or for alerting others of the commission of an unlawful act, and which, when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and to which public safety personnel are expected to respond.

“Alarm user” means any person using an alarm system at his place of business or residence.

“Audible alarm” is a device designed for the detection of smoke, fire or the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act, and which, when actuated, generates an audible sound on the premises.

“Director” means the director of public safety of the city of Marina, or his designated representative.

“False alarm” means the activation of an alarm system necessitating response by the public safety department when an emergency does not exist; provided, however, alarms generated by earthquakes, or unusual weather conditions will not be considered as false alarms.

“Nonpriority” means that public safety department response to the activation of an alarm will not be given precedence over other calls and will be predicated upon availability of public safety units and other service needs. (Ord. 88-5 § 1 (part), 1988)

8.24.030 Alarm business registration.

A.    It is unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing or monitoring an alarm system in or on any building, place or premises within the city without first having registered with the public safety department; provided, however, such registration shall not be required for any business which only sells or leases said alarm systems from a fixed location, unless such business services, installs, monitors or responds to alarm systems at the protected premises.

B.    Registration shall be accomplished by furnishing such information as may be required by the public safety department, including, but not limited to, the full name of the business, the number of the license issued pursuant to Section 7582 of the Business and Professions Code for the alarm business, and the name and business address of the manager of operations for the area which includes the city. (Ord. 96-25 § 1(18), 1996; Ord. 88-5 § 1 (part), 1988)

8.24.040 Alarm agent registration.

A.    It is unlawful for any person, including the owners of an alarm business, to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of an alarm system in or on any building, place or premises within the city without first having registered his or her name and filed with the director of public safety a copy of the alarm agent registration card issued pursuant to the provisions of Section 7582.13 of the California Business and Professions Code.

B.    Nothing herein shall require a person to so register in order to install, service, repair, alter, replace or move an alarm system on the premises owned or occupied by that person.

C.    Nothing herein shall require a person to so register who is merely a salesman for any business not required to obtain an alarm business permit under the provisions of Section 8.24.030 if such salesman does not engage in any other activities related to alarm systems apart from selling.

D.    Every person engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system as defined herein on any premises within the city, other than premises owned or occupied by said person, shall carry on his person at all times while so engaged a valid state alarm agents’ registration card and shall display such card to any public safety officer upon request. (Ord. 96-25 § 1(19), 1996; Ord. 88-5 § 1 (part), 1988)

8.24.050 Notification of change.

A.    Any alarm business registered with the public safety department shall immediately report to the director any change of address or ownership of the business or the name or area which includes the city.

B.    Any person registered as an alarm agent shall immediately report to the director any change of address. (Ord. 88-5 § 1 (part), 1988)

8.24.060 Alarm user’s permit.

A.    No person shall install, or cause to be installed, use, maintain or possess an alarm system on premises owned or in the possession or control of such person within the city without first having obtained an alarm user’s permit from the director in accordance with this section.

B.    Owners of existing alarm systems will be notified of these permit requirements as discovered. In such cases, permit applications shall be made within thirty days of notification.

C.    The application for an alarm user’s permit shall be submitted on a form as prescribed by the director and shall include the address of the premises wherein the system is to be located and the name, address and telephone number of the applicant and persons who will render service or repairs during any hour of the day and night. It shall be the duty of the alarm user to keep this information current.

D.    The permit shall be denied by the director if the alarm system does not comply with this chapter or standards adopted pursuant to Section 8.24.070.

E.    The appeal process shall be as follows:

1.    Upon denial, the party whose application has been denied may request a hearing before the director or his designate.

2.    At said hearing, the party who requested the hearing shall be entitled to present evidence on his own behalf.

3.    If the application is denied after said hearing, the director or his designated hearing officer shall state in writing the reasons for the denial.

4.    The decision of the director or his designated hearing officer shall be final. (Ord. 88-5 § 1 (part), 1988)

8.24.070 Alarm system standards.

The director may adopt standards and regulations for the operation of alarm systems. Any such standards and regulations shall be available to the public for distribution in written form at a reasonable fee. (Ord. 88-5 § 1 (part), 1988)

8.24.080 Telephone device prohibited.

Except as provided in this chapter, no person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line to the city public safety department, the Monterey County communications center, or to any other telephone number without the agency director’s or owner’s permission, and then reproduces any prerecorded message to report any burglary or other emergency. (Ord. 88-5 § 1 (part), 1988)

8.24.090 Monitoring services.

Every alarm business which monitors an alarm system located within the city shall maintain on file a current listing of all such alarm systems, including the name, address and telephone number of the individual or individuals from whom entry to the premises may be obtained. Said information shall be available to the public safety department upon request. (Ord. 88-5 § 1 (part), 1988)

8.24.100 Disconnection of audible alarms.

If service is unavailable, audible alarms which have emitted an alarm signal in excess of thirty minutes are declared to be a nuisance, and the public safety department may cause such alarm to be disconnected by a registered alarm agent, with the cost therefor to be a charge payable by the alarm user. This charge will be separate and apart from all other charges. (Ord. 88-5 § 1 (part), 1988)

8.24.110 Registration, permit and service fees.

A.    Fees and charges for services provided by the city in connection with this chapter shall be charged, and in connection therewith the director and the city manager may establish, pursuant to the city’s fee and service charge revenue-to-cost determination system, as set forth in Chapter 3.24, the following fees:

1.    Alarm business registration fee;

2.    Alarm agent registration fee;

3.    Alarm user’s permit fee; and

4.    False alarm service fee, for both false fire alarms and for false burglary, robbery and other similar security alarms.

B.    All registration and permit fees shall be due and payable at the time of obtaining a permit or registering with the city hereunder, and all false alarm service fees shall be due and payable within thirty days after an invoice or bill is mailed for same.

C.    The amount of all fees shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent service or other fee, and in any such action the city shall be entitled to an award of attorney’s fees and costs. (Ord. 88-5 § 1 (part), 1988)

8.24.120 Nuisance alarms.

A.    The director may designate an alarm system at a specific location as a nuisance if such alarm system actuates excessive false alarms.

B.    It is found and determined that four false fire or burglary alarms within any three consecutive calendar month period or two false robbery alarms within any three consecutive calendar month period is excessive and thereby constitutes a public nuisance. The director shall not consider any alarm in his computation of nuisance alarms if such alarm was generated by earthquakes, or unusual weather conditions, and not the result of the negligence of the alarm user, his agents or employees.

C.    The permit of an alarm user shall be automatically suspended if in violation of standards established by subsection B of this section. The director or his designate shall serve the permittee with a written order of suspension, which shall state the reason for such suspension. The order shall be effective immediately if personally served or forty-eight hours after the same has been deposited with postage prepaid in the United States mail.

D.    Immediately upon such order of suspension becoming effective, the alarm system shall receive nonpriority response from the public safety department.

E.    The suspension of the alarm user’s permit shall become a revocation fifteen days after the suspension becomes effective unless the permittee requests a hearing.

F.    The permittee may request a hearing from the director. While the hearing is pending, the revocation shall be stayed.

G.    At the hearing, the permittee may present evidence on his own behalf. The permittee may also present written verification that the alarm system has been completely evaluated and the problem located and corrected.

H.    If the revocation is ordered after the hearing, the director or his designated hearing officer shall state in writing the reasons for the revocation.

I.    The decision of the director or designated hearing officer shall be final. (Ord. 88-5 § 1 (part), 1988)