Chapter 8.16
ALARM SYSTEMS
Article 1
Burglary and Robbery Alarm Systems
Sections:
8.16.010 Purpose.
8.16.020 Definitions.
8.16.030 Owner responsibility.
8.16.040 Alarm system standards and regulations.
8.16.050 Audible alarm requirements.
8.16.060 Audible alarms similar to sirens prohibited.
8.16.070 Reporting telephone prohibited.
8.16.080 Alarm systems which constitute a hazard to responding officer.
8.16.090 Alarm business.
8.16.100 Notification to subscribers.
8.16.110 Notification of alarm system.
8.16.120 Alarm system.
8.16.130 Exemptions.
8.16.140 Notice of change.
8.16.150 Applications—Forms.
8.16.160 Application, investigation and denial.
8.16.170 Alarm system permits.
8.16.180 Grounds.
8.16.190 Suspension.
8.16.200 Procedure.
8.16.210 Revocation.
8.16.220 Surrender of permit.
8.16.230 Reapplication for permit.
8.16.240 Violations—Penalties.
8.16.250 Reimbursement.
8.16.260 Enforcement.
8.16.270 Appeals.
Article 2
Fire Alarm Systems
Sections:
8.16.280 Definitions.
8.16.290 Alarm user permits.
8.16.300 Alarm system instruction.
8.16.310 Notice of repair.
8.16.320 Responsibility for fire alarm activation, owner response, fire alarm malfunction and corrective action.
8.16.330 Fee charges—multiple fire alarm malfunctions or false fire alarms.
8.16.340 Newly installed alarm systems.
8.16.350 Alarm system operations.
Article 1
Burglary and Robbery Alarm Systems
8.16.010 Purpose.
The purpose of this chapter is to set forth regulations governing burglary and robbery alarm systems, businesses and agents within the city of St. Helena, require permits therefor, provide the authority to establish fees, and provide for punishment of violations of provisions of this chapter. (Prior code § 20.1)
8.16.020 Definitions.
The following definitions shall apply:
“Alarm agent” means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, removing, or installing on or in any building, structure, or facility, any alarm system.
“Alarm business” means the business by any individual, partnership, corporation or other entity of: selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed, any alarm system in or on any building, structure, or facility.
Exemption: The provisions of this section do not include a business which engages in the manufacture or sale of any alarm system unless such business services, installs, monitors or responds to alarm systems at the protected premises.
“Alarm system” means any mechanical or electrical device which is designed or used for the detection of 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, or both; and which emits a sound or transmits a signal or message when actuated and which is likely to result in a response by the police department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms, devices not designed for use to register alarms audible or visible on the outside of the protected building, structure or facility, are not included within this definition; nor are auxiliary devices installed by the telephone company systems which might be damaged or disrupted by use of an alarm system. No alarm device shall transmit to the St. Helena police department live or recorded voices not capable of two-way communications on any telephone line not designated specifically for this purpose.
“Audible alarm” means a device designed for detection of unauthorized entry on premises which, when activated, generates an audible sound on the premises.
“False alarm” means an alarm signal produced by an alarm system and necessitating response by the St. Helena police department where an unauthorized entry or an attempted entry on or into any building, place or premises or robbery/burglary or attempted robbery/burglary at a protected premises has not occurred. False alarm does not include alarms caused by acts of God, electrical interruptions, flooding or other violent conditions.
“Owner” means the person who owns and/or occupies the premises served by an alarm device.
“Police department” means the police department of the city of St. Helena and the “chief of police” means the chief of such department or his or her authorized representative.
Public nuisance. An alarm shall constitute a public nuisance if it falsely activates more than the below-listed number of false alarms, except that alarms activated during the first thirty (30) days after the initial installation of the system will not be counted as false alarms:
1. Three false alarms in any thirty (30) day period:
2. Five false alarms in any ninety (90) day period; or
3. Six false alarms in any one hundred eighty (180) day period. (Prior code § 20.2)
8.16.030 Owner responsibility.
The owner of premises having an alarm system shall instruct all persons having access to the premises in the proper use and operation of the alarm, including specifically all necessary instruction in turning on and off the alarm and in avoiding false alarms. The owner shall notify the St. Helena police department whenever an alarm system is under service or repair, where in the process of service of repair, the system may be activated, causing a police response. (Prior code § 20.3)
8.16.040 Alarm system standards and regulations.
The city council by resolution shall prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed within the city. All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this article. The police chief shall be authorized to inspect and approve all alarm systems installed within the city. (Prior code § 20.4)
8.16.050 Audible alarm requirements.
Every person maintaining an audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the burglar 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 alarm system must be equipped with an automatic shut-off device which shall silence the alarm within fifteen (15) minutes; and on U. L.certified systems thirty (30) minutes. (Prior code § 20.5)
8.16.060 Audible alarms similar to sirens prohibited.
No person shall install on the exterior or interior of a building, an alarm system which upon activation, emits a sound exceeding eighty (80) decibels (when measured from outside the premises), which is similar to sirens used on emergency vehicles or for civil defense purposes. (Ord. 02-5 § 20 (part): prior code § 20.6)
8.16.070 Reporting telephone prohibited.
No person, except a public utility engaged in the business of providing communications services and facilities, shall use or operate, or arrange, adjust, program or otherwise provide or install, any device or combination of devices that will upon activation, either mechanically, electronically or by other automatic means, initiate the interstate calling, dialing or connection to any telephone number assigned to any subscriber by a public telephone company, without the prior written consent of such subscriber.
The term “telephone number” includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use. In no case will the prerecorded message from such reporting telephone terminate at any city-owned facility, or other city-approved communication center. (Prior code § 20.7)
8.16.080 Alarm systems which constitute a hazard to responding officer.
No permit shall be issued for an alarm system which, due to the nature of its construction and/or installation, constitutes an unreasonable hazard to life and limb of responding officers, in the opinion of the chief of police. (Prior code § 20.8)
8.16.090 Alarm business.
No person shall engage in, conduct or carry on an alarm business within the city without first applying for an receiving a state alarm company operator license, therefor, in accordance with the provisions of Division 3, Chapter 11.6, of the Business and Professions Code (Sections 7500 et seq.), and filing a copy of such license with the city. In the event its license is suspended, revoked, or otherwise rendered invalid by the State Issuing Authority, the alarm business shall notify the city in writing of such state action within three days thereof, with a copy to the police department. (Ord. 02-5 § 20 (part); prior code § 20.9)
8.16.100 Notification to subscribers.
Each alarm business owner and/or operator is required to provide each subscriber with a copy of the ordinance codified in this article, in its entirety. (Prior code § 20.10)
8.16.110 Notification of alarm system.
Each alarm business owner and/or operator is required to provide the police chief with the name, address, and phone number of each new subscriber within the incorporated city limits of St. Helena, prior to the activation of the new alarm system. (Prior code § 20.11)
8.16.120 Alarm system.
No person shall possess or use an alarm system without first applying for and receiving an alarm permit therefor in accordance with the provisions of this article. (Prior code § 20.12)
8.16.130 Exemptions.
The provisions of this article are not applicable to audible alarms fixed to automobiles. (Prior code § 20.13)
8.16.140 Notice of change.
Whenever any change occurs relating to the written information required by Section 8.16.150, the applicant or permittee shall give written notice ten (10) days after such change or at any hearing conducted under this article if such hearing is conducted before the notice has been given. (Prior code § 20.14)
8.16.150 Applications—Forms.
Applications for all permits required hereunder shall be filed with the police department and shall be accompanied by the requisite fee. The fee is established to cover the cost of investigating and processing the applications and permit; and is not refundable. The police department shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application for alarm systems shall require the name, address and telephone number of the person who will render service or repairs during any hour of the day or night. (Prior code § 20.15)
8.16.160 Application, investigation and denial.
An application for an alarm permit shall be processed in a timely manner. The permit may be denied by the police chief if:
A. The applicant, his or her employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city agency; or
B. That the applicant has had a similar permit previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation. Permits shall be issued to the person occupying or owning the property served by the alarm system. (Prior code § 20.16)
8.16.170 Alarm system permits.
The fee for an alarm system permit shall be set by resolution of the St. Helena city council and shall not be prorated. Such permit issued shall expire three years after issuance. Applications for renewals of permits shall be processed in the same manner as applications for the initial permit. (Prior code § 20.17)
8.16.180 Grounds.
The following shall constitute grounds for suspension and revocation:
A. The violation of any of the provisions of this article;
B. When an alarm system actuates excessive false alarms, and thereby constitutes a public nuisance as defined herein;
C. When the applicant or permittee, or his or her employee or agent, has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any city agency. (Prior code § 20.18)
8.16.190 Suspension.
Any permit issued hereunder may be suspended by the police chief for the grounds listed in Section 8.16.180. (Prior code § 20.19)
8.16.200 Procedure.
The police chief, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for such suspension. The order shall be effective immediately if personally served, or forty-eight (48) hours after the same has been deposited in the course of transmission in the United States Postal Service. Notwithstanding the effectiveness of an order of suspension, the permittee may continue the use of any alarm system requiring a permit under this article until the appeal process has been exhausted, unless the police chief determines that the continued operation of such alarm system interferes with the safe and efficient operation of the St. Helena police department. (Prior code § 20.20)
8.16.210 Revocation.
The suspension shall become a revocation fifteen (15) days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Section 8.16.270. If the permittee’s appeal is denied, the revocation will be effective at the conclusion of the appeal process. (Prior code § 20.21)
8.16.220 Surrender of permit.
If any permit is revoked pursuant to this article, the permittee shall surrender the permit to the police department and discontinue the use of any and all alarm systems covered by the permit. (Prior code § 20.22)
8.16.230 Reapplication for permit.
A person or company whose permit has previously been revoked by the city may reapply for a permit after a period of one year from the effective date of revocation or upon proof that there has been a material change in the premises alarm system. (Prior code § 20.23)
8.16.240 Violations—Penalties.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor. (Ord. 02-5 § 20 (part): prior code § 20.24)
8.16.250 Reimbursement.
A permittee shall be required to reimburse the city for the cost of the St. Helena police department manpower and equipment responding to each and every false alarm in excess of the number set forth in Section 8.16.020. The amount of such reimbursement shall be fixed by resolution of the St. Helena city council and notification thereof to the permittee shall be made within fifteen (15) days from the actuation of the excessive false alarm. (Prior code § 20.25)
8.16.260 Enforcement.
The conviction or punishment of any person from violation of the provisions of this article shall not release such person from paying the permit fee or reimbursement for all excessive false alarms due and unpaid at the time of such conviction, nor shall payment of any permit fee or reimbursement for excessive false alarms prevent criminal prosecution for violation of any of the provisions of this article. All remedies shall be cumulative and the use of one or more remedies by the city shall not ban the use of any other remedy for the purpose of enforcing the provisions of this article. The amount of any permit fee or reimbursement for excessive false alarms 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 permit fee or reimbursement for excessive false alarms. All permit fees or reimbursement for excessive false alarms shall be deemed delinquent thirty (30) days after they are due and payable. (Prior code § 20.26)
8.16.270 Appeals.
The notice of suspension, notice of revocation and bill for service charges shall contain a notice to the owner advising him or her of his or her right to appeal the imposition of a suspension or revocation of the subscriber’s alarm permit or any false alarm service charge. Such appeal shall be in writing, shall state the basis of the appeal, and shall be filed with the chief of police not later than thirty (30) days after notification regarding the false alarm service charge, order of suspension, or revocation of the alarm permit. Upon receipt of such appeal, the chief of police may conduct such investigation thereof as he or she deems necessary and shall afford to the appellant reasonable opportunity to present evidence in support of such appeal. The decision of the chief of police shall be final. (Prior code § 20.27)
Article 2
Fire Alarm Systems
8.16.280 Definitions.
As used in this article, the following words and terms shall have the following meanings:
“Alarm system” means a fire alarm system as defined below.
“Automatic telephone digital alarm communicator system” means an alarm system which automatically sends a coded signal over regular telephone lines by direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect.
“Enforcement official” means the fire chief or his or her designated representative.
“False fire alarm” means the activation of any alarm which results in the response of the fire department caused by the negligence or intentional misuse of the system by the owner or his or her employees, servants or agents; or any other activation not caused by heat, smoke or fire, exclusive of a fire alarm malfunction as defined below. An alarm is not considered a false fire alarm if the alarm is activated due to malicious causes beyond the control of the owner.
“Fee” means the assessment of a monetary charge payable to the city, authorized pursuant to this article, to defray the expenses of responding to a false alarm or alarm malfunction.
“Fire alarm malfunction” means the activation of any alarm which results in the response of the fire department caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance or any other responses for which the fire department personnel are unable to gain access to the premises for any reason, or are unable to determine the apparent cause of the alarm activation.
“Fire alarm system” means any mechanical, electrical or radio-controlled device which is designed to emit a sound and/or transmit a signal or message when activated because of smoke, heat or fire. Without limiting the generality of the foregoing, alarm systems shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms and automatic telephone digital alarm communicator systems. A single station (residential) smoke detector shall not be deemed to be an alarm system under this article.
“Fire alarm technician” means any person who inspects, installs, repairs or performs maintenance on fire alarm system.
“Owner” means any person or entity who owns the premises in which an alarm system is installed or the person or persons who lease, operate, occupy or manage the premises.
“Premises” means any building, structure or combination of buildings and structures wherein an alarm system is installed.
“Required operative alarm system” means an alarm system that the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of any governmental entity.
“Serve” means hand-delivery by a representative of the fire department to the owner or authorized representative who responded to the premises. In the event the owner or authorized representative fails to respond to the premises within thirty (30) minutes, “serve” shall mean placing the form or other matter in the United States mail, postage prepaid, addressed to the owner or authorized representative.
“Single-station (residential) smoke detector” means an assembly incorporating the detector, control equipment and alarm-sounding device in one unit operated from a power supply either in the unit, or obtained at the point of installation.
“Smoke detector” means a device which detects the visible or invisible particles of combustion. (Ord. 00-10 § 2 (part): prior code § 20.30)
8.16.290 Alarm user permits.
A. Required. Within ninety (90) days after the effective date of this article, every fire alarm system user shall obtain from the fire chief an alarm user permit for each alarm system he or she operates within the city.
B. Application. The alarm user applying for the permit required in subsection A of this section shall state on a permit application form:
1. The name(s), address, business and home telephone number of the owner, lessee, operator, manager or person in possession of the premises wherein the alarm system is installed;
2. The name, address and telephone number of a minimum of two persons who can be notified by the enforcement official in the event of the activation of the alarm system, who shall be capable of responding to the premises within thirty (30) minutes and who are authorized to enter the premises to ascertain the status thereof;
3. The name, address and telephone number of the company contracted to service the alarm system;
4. The name, address and telephone number of the business and/or property insurance carrier;
5. Alarm silence code or information.
C. Notification of Change. When any of the information has changed, the owner shall report it to the enforcement official within fifteen (15) days of such change.
D. Fees. Permit fees shall be established by resolution of the city council. (Ord. 00-10 § 2 (part): prior code § 20.31)
8.16.300 Alarm system instruction.
Each alarm user shall obtain and provide to his or her employees accurate and complete instruction from the alarm company in the proper use and operation of such system. Specific emphasis shall be placed on the avoidance of false alarms. (Ord. 00-10 § 2 (part): prior code § 20.32)
8.16.310 Notice of repair.
The alarm business, alarm agent, user, or permittee shall notify the police dispatcher of the city prior to any service, test, repair, maintenance adjustment or installation which might activate a false alarm on a particular alarm system. The police dispatcher shall notify the fire chief or duty officer. No subsequent recording of a false alarm for the purpose of charge for a police response shall occur if the police dispatcher has been appropriately notified of the repair period. (Ord. 00-10 § 2 (part): prior code § 20.33)
8.16.320 Responsibility for fire alarm activation, owner response, fire alarm malfunction and corrective action.
A. Owner Response. The responsibility for a fire alarm activation shall be that of the owner of the premises in which the fire alarm system is installed. A response to an alarm activation shall result when any officer or member of the fire department is dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system(s), by any means whatsoever, and responds thereto by traveling to that premises. After responding to an alarm activation, the enforcement official shall notify any person identified in the notice required pursuant to Section 8.16.290(B) of the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at the premises within thirty (30) minutes after being notified to do so, the city shall charge the owner of the premises a fee of seventy-five dollars ($75.00).
B. Affidavit of Service/Repair. In the event of a fire alarm activation deemed by the enforcement official to be the result of a fire alarm malfunction, the owner will be served a fire alarm activation report by the fire marshal, indicating that the activation was deemed to be the result of a fire alarm malfunction. The owner shall return a completed affidavit of service/repair within fifteen (15) days of such alarm activation which evidences that the fire alarm system in question has actually been examined by a fire alarm technician and that a bonafide attempt has been made to identify and correct any defect of design, installation or operation of the fire alarm system which was identifiable as the cause of the fire alarm malfunction. Failure to return such an affidavit of service/repair within the fifteen (15) day period will result in assessment against the owner of a fine of five hundred dollars ($500.00) for the fire alarm malfunction. (Ord. 00-10 § 2 (part): prior code § 20.34)
8.16.330 Fee charges—multiple fire alarm malfunctions or false fire alarms.
No fee shall be assessed for the first three false fire alarms at the same premises responded to by the fire department during each calendar year. Thereafter, the owner shall pay such charges as assessed by the city for false alarms. Such charges shall be established by resolution of the city council. (Ord. 00-10 § 2 (part): prior code § 20.35)
8.16.340 Newly installed alarm systems.
The provisions of this article shall not apply to any newly installed alarm system for a period of thirty (30) days from the date of the installation of that alarm system, but shall apply from and after the expiration of the initial thirty (30) day period following installation. (Ord. 00-10 § 2 (part): prior code § 20.36)
8.16.350 Alarm system operations.
The city, its officers, employees, and agents, shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned alarm system, those duties or responsibilities being solely those of the owner of the premises. Additionally, it shall be the responsibility of the owner of the premises to silence an activated alarm and thereafter reset same. (Ord. 00-10 § 2 (part): prior code § 20.37)