Chapter 8.44 Security Alarms
Sections:
8.44.010 Definitions and Interpretation of Language
8.44.020 Exemptions
8.44.030 Registration of Alarm Agents
8.44.040 Alarm Permits
8.44.050 Direct-Dial Telephone Devices
8.44.060 Appeals
8.44.070 False Alarm — Prevention Payment
8.44.080 Inspection of Alarm System
8.44.090 Automatic Shutoff Requirement
8.44.100 Delay Device Requirement
8.44.110 Power Supply
8.44.120 Testing Alarm
8.44.130 Prohibitions
8.44.140 Fees
8.44.150 Limitation on Liability
8.44.160 Violation - Penalty
8.44.010 Definitions and Interpretation of Language
- Grammatical Interpretation. For the purpose of this chapter, whenever the singular or masculine is used, it includes the plural, feminine or body corporate as necessary.
- Definitions. For the purposes of this chapter, the following words and phrases are construed as applying within the city as further set forth in this section, unless it is apparent from the context that a different meaning is intended:
"Alarm Agent" means any person in possession of a state-approved alarm company agent identification card containing the agent's photograph and physical description who is employed by maintaining, moving, repairing, replacing, servicing, responding to or causing others to respond to an alarm system in or on any building, structure or facility. This definition does not apply to local safety officers as defined in Government Code Section 20019.4.
"Alarm Business" means any state-approved alarm company business carried on by any individual, partnership, corporation or other entity of leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be leased, maintained, serviced, repaired, altered, replaced, moved or installed, any alarm system in or on any building, structure or facility.
"Alarm System" means any mechanical or electrical device which is designed or used for either the detection of fire, medical alert or intrusion into a building, structure or facility or both, which detection causes a local audible alarm or transmission of a signal or message, or which is used to evoke Sheriff or Fire Department response. Alarm systems include, but are not limited to, direct-dial telephone devices. Devices which are not designed or used to evoke Sheriff or Fire response and devices which are designed so as not to be audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition. Also not included in this definition are auxiliary devices installed by a telephone company to protect its system from damage or disruption by use of an alarm system, alarm systems affixed to vehicles and independent smoke detector systems.
"Alarm User" means any person, firm, partnership, association, corporation, or organization of any kind which owns, leases, rents, uses or makes available for use by its agents, employees, representatives, or family, any alarm system.
"Appellant" means a person who presents an appeal pursuant to Section8.44.060.
"Audible Alarm" means the sound generated by a device designed for the detection of fire in or intrusion into a building, structure or facility.
"Day" means a calendar day.
"False Alarm" means the activation of alarm system responded to by any public agency through mechanical failure or malfunction, or accidental tripping, misoperation or misuse by the lessee or owner of the alarm system or his employee or agent. Mechanical failure or malfunction caused by negligent maintenance of the system is also included in this definition. Upon failure of the Sheriff or Fire Department to find any evidence of intrusion, fire or other need or cause for activating an alarm system, a conclusive presumption of false alarm will be made.
"Person" means a person, firm, corporation, association, partnership, individual, organization or company.
"Property Owner" means the property owner of the property which has installed an alarm system.
"Smoke Detector" means a device which senses visible or invisible particles of combustion and is designed to emit upon activation a sound sufficient only to provide warning to the occupants of the building, structure or facility in which such device is situated.
(Prior Code 19-45, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.020 Exemptions
Public schools, as well as all City, county, state and federal facilities are exempt from the provisions of this chapter.
(Prior Code 19-46, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.030 Registration of Alarm Agents
No person shall be employed or operate as an alarm agent without having first obtaining a state-approved alarm company agent identification card. Every agent so approved shall carry on his person a state card which has affixed to it a photograph of the agent, such photograph having been taken within 30 days of the issuance of the state card. The card shall also contain such statistical information, in regard to the agent, as would currently be required upon a motor vehicle driver's license issued by the state.
(Prior Code 19-47, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.040 Alarm Permits
A. After the first false alarm, the commander of the Vista Sheriff's Station and/or the Fire Chief, depending on the nature of the alarm shall notify the alarm user in writing that they need to obtain a permit. No person shall install, maintain, lease, service, repair, alter, replace, move, or use any security or emergency alarm system in a premise which has experienced a false alarm without first obtaining a City alarm permit.
B. An application and a fee approved by the Sheriff Commander and the Fire Chief is required for such permit. Such permit fees shall be established by resolution of the City Council. Permits remain valid until revoked or suspended, or until there is a change in the user. The alarm permit application shall include the alarm location and plans and specifications outlining that location as required by the Fire Chief, type of alarm system (silent or audible activation), type of response requested (fire, robbery, burglary or medical emergency), name of business (if applicable), name, home address, phone number of alarm user, subscriber and property owner, telephone number at alarm location and additional names, addresses and phone numbers of responsible persons for emergency notification.
C. A separate alarm permit is required for each building or facility which contains an alarm system that could evoke an emergency response. A permit is not transferable to a new owner upon sale or transfer of an alarm location which has a permit.
(Prior Code 19-48, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.050 Direct-Dial Telephone Devices
No person shall lease, maintain, service, repair, alter, replace, move, install or use any alarm system which directly dials any telephone number of the City Fire Department or Sheriff's Department. (Prior Code 19-49, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.060 Appeals
A. If the alarm user disputes any action of the Sheriff Commander or the Fire Chief, such person may appeal to the City Manager or his designee by filing with the City Manager (or his designee) a statement addressed to the City Manager setting forth the facts and circumstances regarding the action of the Sheriff Commander or the Fire Chief. The City Manager shall review the appeal and notify the appellant in writing of the results of the review.
B. The City Manager or designated representative, within ten days from the date on which such appeal has been filed with the City Manager (or his designee), shall consider all relevant evidence and shall determine the merits of the appeal. The City Manager or designated representative may affirm, overrule or modify the decision of the Sheriff Commander or the Fire Chief. The determination of the City Manager shall be final.
C. The right to appeal to the City Manager or designated representative from the determination of the Sheriff Commander or Fire Chief of a false alarm, terminates 15 days following the deposit of a certified letter of notification of a false alarm into the United States mail addressed to the alarm user at his mailing address as specified in Section 8.44.040 or personal service of such letter, advising the appellant of the penalties.
(Prior Code 19-50, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.070 False Alarm — Prevention Payment
Any alarm user who has an alarm system for the protection of real or personal property or person, or has installed on the property owner's property an alarm system which has caused any signal, message or alarm to be transmitted to the Sheriff or Fire Department, either by direct communication from an alarm agent or an alarm business, or by a person responding to an audible alarm, and which is proven to be a false alarm, shall pay a false alarm prevention payment to the City as follows:
A. The first two false alarms in any consecutive 365-day period, the 365-day period beginning on the date of the first false alarm, shall be considered accidental and no penalty fees charged. The alarm user shall be notified in writing by the Sheriff Commander or the Fire Chief or their designee after the occurrence of the second false alarm, notifying him/her that any further false alarms may result in penalty assessments.
B. The alarm user of the alarm system shall be assessed penalty fees for any false alarms above the initial two false alarms in any consecutive 365-day period, as defined in subsection A of this section. Such fees shall be established by resolution of the City Council and shall be paid to the City Treasurer or his designee for deposit in the general fund.
(Prior Code 19-51, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.080 Inspection of Alarm System
Fire alarm systems shall be listed by the State Fire Marshal. The City reserves the right to inspect all fire and security alarm systems installed within the city. All fire alarm systems installed after the adoption of the ordinance codified in this chapter must have their fire alarm plan approved by the Fire Department. Systems installed prior to adoption of the ordinance
codified in this chapter may be required by the Fire Chief to submit plans and specification to verify conformance with state and local fire codes.
(Prior Code 19-52, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.090 Automatic Shutoff Requirement
All alarm systems, excluding fire alarms, shall include a device which will limit the generation of the audible sound of the system to no longer than 15 minutes after activation, and the Sheriff Commander or the Fire Chief or their representative has the right to take such steps as may be reasonable and necessary to disconnect or otherwise render inoperable any activated alarm beyond the 15-minute period. The Sheriff Commander or the Fire Chief or their representative shall not be held responsible for damages that occur from rendering inoperable any activated alarm. (Prior Code 19-53, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.100 Delay Device Requirement
All burglary detection alarm systems, excluding such alarm systems that are activated with a "key" device or which generate an audible alarm, shall include a device which will provide a 30-second delay before the original alarm transmission and immediately upon being activated shall emit a signal in such a manner as to be perceptible to a person lawfully entering, leaving or occupying the premises. Such a device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate its operation after activation but prior to the transmission of a false alarm. (Prior Code 19-54, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.110 Power Supply
An alarm shall be supplied with an uninterruptible power supply in such a manner that the failure, interruption or reactivation of the normal utility electric service will not activate the alarm system. The backup power supply must be capable of at least four hours of continuous (Prior Code 19-55, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.120 Testing Alarm
A. The alarm user of an alarm system shall notify his central receiving station or answering service prior to any service, test, repair, maintenance, adjustment, alteration or installation of his alarm system which might activate a false alarm and result in a Sheriff/Fire Department response. Any alarm system activated where such prior notice has been given does not constitute a false alarm.
B. After any false alarm caused by any malfunction of an alarm system, the alarm user has ten days to cause the alarm system to be repaired so as to eliminate such malfunction before reactivating the alarm system. (Prior Code 19-56, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.130 Prohibitions
A. It is unlawful to install or modify an alarm system which upon activation emits a sound similar to sirens used on emergency vehicles or for civil defense purposes.
B. It is unlawful to transmit an alarm indicating that an emergency exists without being specific as to the type of emergency, such as robbery, burglary or fire.
(Prior Code 19-57, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.140 Fees
Fees prescribed in this chapter are in addition to any other lawful fees imposed by the City for doing or conducting business with the City.
(Prior Code 19-58, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.150 Limitation on Liability
The City is under no obligation or duty to any property owner or lessee of an alarm system or any other person by reason of any provision of this chapter or by reason of the exercise of any privilege pursuant to this chapter, nor does this chapter impose any liability, obligation or duty upon the City in regard to, but not limited to, defects in a security or fire alarm system, any delay in transmission of an alarm message to any emergency unit, or damage caused by nonresponse or in responding to any alarm by a City officer, employee or agent. (Prior Code 19-59, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)
8.44.160 Violation – Penalty
A. Any person who fails to make proper payments as required under Section 8.44.070, or violates any section of this chapter, is guilty of an infraction and upon conviction thereof shall be punishable according to the provisions of Section 1.16.010 of this code. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such Person fails to make proper payments as required under Subsection 8.44.070, or violates any section of this chapter may be subject to the administrative citation process, as described in Chapter 1.13 of this code.
C. Any fines or fees owed to the City under any of the provisions of this chapter are considered a debt to the City. To enforce that debt, the City may file a civil action or pursue any other legal remedy to collect such money.
(Prior Code 19-60, Ord. 90-14, Amended, 4/23/90; Ord. No. 2004-7, Amended and Re-adopted in its entirety, 8/24/04)