III. Offenses Against Public Health and Safety
Chapter 9.20
EMERGENCY ALARMS
Sections:
9.20.020 Permit for alarm system required—Commercial fire alarm systems.
9.20.030 Application for permit.
9.20.040 Application for alarm permit—Inspection, issuance or denial.
9.20.060 Suspension or revocation of permits.
9.20.090 Alarm system standards and regulations.
9.20.120 Limitations on liability.
9.20.130 Penalties—Administrative and criminal remedies.
9.20.140 Application of this chapter.
9.20.010 Definitions.
For the purpose of this chapter certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended.
“Alarm agent” means any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, monitoring, responding to (excluding public safety officer), or causing others to respond to an alarm system in or on any building, structure, or facility.
“Alarm business” means any person, firm, partnership, corporation or other association conducting or engaged in the business of selling, leasing, installing, repairing, maintaining, servicing or monitoring any alarm system within the city, or any representative or employee of any such business.
“Alarm system” means any mechanical or electrical device, or combination of devices, designed to signal the presence of a fire, intrusion, hazard, or other emergency situation which when activated transmits, relays or emits any signal intended to summon, or that could reasonably be expected to summon, a response from the Folsom police or fire department whether over telephone lines, wirelessly, or via any other method of signal transmission.
“Applicant” means a person, firm or corporation who files an application for permit as provided for in this chapter, including any government agency not legally exempt from city regulations, but excluding the city of Folsom itself.
“Audible alarm” means a device designed for the detection of a fire or of an intrusion on premises which generates an audible sound on the premises when it is actuated.
“False alarm” means any alarm signal, either silent or audible, originating from any alarm system and causing a response from the Folsom police or fire department, where the emergency situation the alarm system was designed to detect does not exist. False alarms include any alarm signal caused by the actions of the person that owns, possesses, or controls the premises served by the alarm system, or by any malfunction of the alarm system. False alarms do not include any alarm signal resulting from violent acts of nature or abnormal natural conditions, such as high winds, earthquakes, floods, fires or similar natural events. (Ord. 1166 § 3 (part), 2012)
9.20.020 Permit for alarm system required—Commercial fire alarm systems.
No person shall install or use an alarm system without first obtaining an alarm permit issued by the city in accordance with the provisions of this chapter.
This permit shall be in addition to any permit required by any other chapter of this code for the installation, alteration, or modification of fire alarm or fire detection systems and related equipment.
Commercial fire alarm systems shall be subject to the provisions of Chapter 9.20. (Ord. 1166 § 3 (part), 2012)
9.20.030 Application for permit.
Application for an alarm permit shall be filed with the chief of police or designee on forms provided by the city and the applicant shall, at the time of application, pay a nonrefundable fee in an amount established by resolution of the city council. The application shall be signed and verified by the owner or lessee of the premises covered by any alarm system for which the permit is requested, and the application shall contain the following information:
A. The location of the premises, type of premises, and business name (if applicable);
B. The type of alarm: silent or audible; business or residential; burglary, robbery, fire, panic, or combination thereof;
C. Name, address and work, home, and emergency telephone number of the subscriber;
D. Name, address and telephone numbers of at least two persons who can respond at any time to open or secure the premises or to operate or deactivate the alarm system;
E. Name, address and telephone number of the alarm business responsible for maintaining, monitoring, and/or repairing the alarm system; and
F. Such other information as may be reasonably required by the chief of police or fire chief.
G. The permit shall state that penalties may be imposed for false alarm incidents, and that the permit holder is responsible for such incidents. (Ord. 1166 § 3 (part), 2012)
9.20.040 Application for alarm permit—Inspection, issuance or denial.
Upon receiving an application from any person for an alarm permit, the chief of police or fire chief may cause an inspection or investigation to be made of the system to determine if the system complies with the requirements of this chapter. If the proposed system complies with this chapter, a permit shall be issued. In the event an alarm permit is denied, the applicant shall have the right to appeal that decision in accordance with Section 9.20.070. (Ord. 1166 § 3 (part), 2012)
9.20.050 Duration of permit.
Permits shall be valid for one year from the date of issuance. Applications for renewal of a permit shall be accompanied by a renewal fee established by resolution of the city council and any unpaid past due fees or penalties. Permits will not be renewed until all fees and fines have been paid. Renewals shall be valid for one year from the date of issuance. (Ord. 1166 § 3 (part), 2012)
9.20.060 Suspension or revocation of permits.
A. In addition to imposition penalties as set forth in Section 9.20.130, the following actions shall constitute grounds for the immediate imposition of a temporary suspension of an alarm permit:
1. The violation of any provision of this chapter;
2. A false statement on the permit application;
3. Assessment of three or more false alarm activations within any calendar year from January through December;
4. Failure to pay any false alarm penalty in a timely manner;
5. Failure to pay any penalty or fine assessed by a court of competent jurisdiction for any violation of this chapter in a timely manner or by the city;
6. Failure of a subscriber to repair, or cause to be repaired, any malfunctioning alarm system within a reasonable time.
B. Upon the suspension of any alarm permit, such permit shall not be reinstated until all outstanding fees, fines, penalties, charges and any assessed administrative sanctions have been paid or compliance is demonstrated, and the subscriber has supplied written documentation that appropriate repairs and/or personnel training have been completed to reduce or eliminate future false alarms.
C. In addition to imposition of the remedies set forth in Section 9.20.080, the following shall constitute grounds for the permanent revocation of an alarm permit:
1. Suspension of the alarm permit on three or more occasions within any calendar year from January through December;
2. If, upon notification of suspension and order of disconnection of the alarm system, the subscriber fails or refuses to disconnect the alarm system and continues to operate the alarm system in violation of this chapter.
D. The police department shall have no duty to respond to signals from a burglar alarm system after the alarm permit has been duly suspended or revoked as described in this section, and notice of that suspension or revocation and the future non-response from either or both departments is delivered to the permit holder and the alarm agent. (Ord. 1166 § 3 (part), 2012)
9.20.070 Notice of appeal.
A. If any permittee is aggrieved by any action of the chief of police and/or the fire chief pursuant to the provisions of this chapter, the applicant may appeal to the city manager, by filing with the city manager a notice of appeal setting forth the facts and circumstances regarding the appeal. This notice of appeal shall be filed not later than fifteen days after service of a notice of revocation as provided for in Section 9.20.060(D). The city manager, or duly authorized representative, shall, within fifteen days from the date on which the appeal is filed, hold a hearing, consider all relevant evidence produced by the alarm permittee, the chief of police, the fire chief and any other interested party, make findings and determine the merits of the appeal.
B. The city manager, or a duly authorized representative, shall within fifteen days of completion of the appeal hearing affirm, overrule or modify the decision of the chief of police or fire chief, and the city manager’s decision shall be final. (Ord. 1166 § 3 (part), 2012)
9.20.080 False alarm penalty.
Any person who maintains, uses or possesses an alarm system, and which alarm has caused any false alarm, shall pay a false alarm penalty (burglar or fire false alarm) as established by resolution of the city council.
A false alarm fee will be charged from either the second or the third false alarm at the same location within any calendar year from January through December, depending on whether the location has a current alarm permit with accurate information on file with the city, or any time a false alarm is generated by an individual working on a fire alarm system or fire sprinkler system. In the latter case, the person responsible for initiating the false fire alarm will be billed.
Such penalty shall constitute a reasonable charge for defraying the estimated direct costs of an unnecessary emergency response, including administrative enforcement of appropriate false alarm penalties, as well as serve as a deterrent for continued false alarms from the alarmed facility. The penalty may be different for dissimilar types of alarm activities, and the city council may also increase penalties for repeat false alarm incidents or waive penalties for one or more initial false alarms as set forth in the resolution. (Ord. 1166 § 3 (part), 2012)
9.20.090 Alarm system standards and regulations.
The chief of police shall adopt standards and regulations governing the installation, maintenance and operation of burglar alarm systems, which may be included as conditions to the permit, and may specify the type of equipment to be utilized to aid or assist responding emergency equipment. No person shall engage in the business of an alarm agent unless the name of that person and a copy of that person’s state identification card are submitted to the chief of police. No fee or application shall be required for such registration by the city. (Ord. 1166 § 3 (part), 2012)
9.20.100 Permit notification.
The city permit number assigned to an alarm system by the police department shall be given to the police and/or fire dispatcher at the time an alarm is reported to the police by an alarm company, a central monitoring station, a telephone answering service or any other business that monitors and reports alarms. (Ord. 1166 § 3 (part), 2012)
9.20.110 Fees.
Fees prescribed in this chapter shall be set by resolution of the city council and shall be in addition to any other lawful fees imposed by the city for doing or conducting business within the city. (Ord. 1166 § 3 (part), 2012)
9.20.120 Limitations on liability.
The city is under no obligation or duty to any permittee or any other person by reason of any provision of this chapter, or the exercise of any privilege by any permittee hereunder, including but not limited to any defects in a police or fire alarm system, any delay in transmission of an alarm message to any emergency unit, or damage caused by delay in responding to any alarm by any city officer, employee or agent. (Ord. 1166 § 3 (part), 2012)
9.20.130 Penalties—Administrative and criminal remedies.
The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Folsom Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Folsom Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this section or to abate a public nuisance. Violation of this chapter shall constitute a crime punishable as a misdemeanor or infraction in the discretion of the city attorney, or may be punished as an administrative matter in accordance with Section 1.09.010. (Ord. 1166 § 3 (part), 2012)
9.20.140 Application of this chapter.
Any person who, on the effective date of the ordinance codified in this chapter, possesses, has installed or uses an alarm system which requires a permit under this chapter shall apply for and receive a permit, as provided in this chapter, no later than August 15, 2012. (Ord. 1166 § 3 (part), 2012)