Alameda County Municipal Code Ch. 6.08 Alarm Systems

It is the purpose and intent of the board of supervisors to promote the proper and effective use of alarm systems, to eliminate or reduce the incidence of false alarm dispatches to the Alameda County sheriff's office, and to regulate the use of alarm systems within the unincorporated area of the county.

(Ord. 2005-35 § 2 (part))

The Alameda County board of supervisors finds as follows:

A. Alarm systems that are not properly operated, installed or maintained pose a hazard to the general public and law enforcement including the sheriff's office, divert sheriff personnel and resources from other duties and services that protect and promote the public health, safety and welfare, waste sheriff and other county resources, and create a nuisance to the community.

B. The overwhelming majority of alarms to which the sheriff responds are false alarms. False alarms dispatches also pose a hazard to the general public and law enforcement including the sheriff's office, divert sheriff personnel and resources from other duties and services that protect and promote the public health, safety and welfare, waste sheriff and other county resources, and create a nuisance to the community.

C. This chapter is a necessary measure to establish standards for and reduce the occurrence of nuisance alarm systems within unincorporated Alameda County.

D. The sheriff is hereby empowered and authorized to enforce the provisions of this chapter, and is authorized to promulgate necessary rules and regulations for its administration and implementation.

(Ord. 2005-35 § 2 (part))

"Alarm" or "alarm system" means any instrument(s) or other device(s) that is used to protect buildings, premises or persons from criminal acts or unauthorized entries by warning of a crime or unauthorized entry through the emission or transmission of a sound or signal and to which the sheriff is expected or may respond or to which the sheriff may be contacted to respond.

"Alarm administrator" means the individual designated by the sheriff to administer compliance and enforcement of this chapter.

"Alarm business" means any person that, either directly or through a third party, engages in the business of providing alarm or alarm system monitoring services or that engages in the business of selling, leasing, renting, maintaining or installing alarms or alarm systems or services.

"Alarm user" means any person who uses an alarm or alarm system or who leases or rents an alarm or alarm system or who contracts with an alarm business for alarm or alarm system monitoring, repair or maintenance services. For purposes of this chapter, the owner of the property where the alarm system is being used or is located shall be deemed the "alarm user" under this chapter where the alarm user is otherwise not known or cannot otherwise be reasonably identified.

"Appeal hearing officer" means the person designated by the sheriff to conduct the appeal hearing if requested pursuant to this chapter. That person shall be in a different division than the division of the alarm administrator and shall not have any supervisory duties over nor be subordinate to the alarm administrator. That person shall be of a higher rank than the hearing officer.

"Audible alarm" means an alarm or alarm system which when activated generates a sound capable of being heard within the premises or in the immediate vicinity thereof.

"False alarm dispatch" means an alarm dispatch request to the sheriff when the responding officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site.

"False alarm reduction training class" means a class provided by the sheriff to educate or train on the proper and effective use of an alarm or alarm system and/or to eliminate or reduce the incidence of false alarm dispatches.

"Hearing officer" means the person designated by the sheriff to conduct the initial hearing if requested pursuant to this chapter. That person shall be in a different division than the division of the alarm administrator and shall not have any supervisory duties over nor be subordinate to the alarm administrator.

"Person" means any individual, firm, company, association, organization, partnership, corporation or other business entity or government agency.

"Premises" means any privately or publicly owned property or structure(s) located within the unincorporated area of Alameda County.

"Shall" means always mandatory and not discretionary.

"Sheriff" means the sheriff of Alameda County or the sheriff's designee.

"Twelve-month period" means the period of time commencing upon the occurrence of a first false alarm dispatch, and terminating twelve (12) consecutive months thereafter.

(Ord. 2005-35 § 2 (part))

The provisions of this chapter shall be applicable to all new and existing alarm systems used and/or operated within the unincorporated area of Alameda County and shall apply to every alarm business and alarm user of such a system.

No person shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of police alarm systems that will upon activation, through an automatic dialing device or hard line alarm system initiate and deliver a policy emergency signal to the Alameda County sheriff's office without first registering the alarm system with and obtaining a permit from the sheriff's office.

(Ord. 2005-35 § 2 (part))

A. No alarm business may conduct business or otherwise operate without having satisfied all applicable federal, state and county registration and licensing rules, regulations and requirements and paid all applicable federal, state and county taxes and fees, including but not limited to the county business license tax.

B. Every alarm business shall register with the sheriff's office prior to conducting any alarm or alarm business activity in the unincorporated area of Alameda County. The registration shall be on a form approved by the sheriff and shall include the business name, the name of the applicant and business title, and shall include a copy of the alarm company operator's state issued identification card.

C. Every alarm business shall notify each alarm user, with whom it or its employees, contractors or agents contract for services or for the sale, rent, use, lease, monitoring or maintenance of any alarm or alarm system, of the provisions of this chapter. That notice shall be in writing and shall be provided simultaneously with said contract. That notice shall include, but is not limited to, the following information:

1. A statement advising that every alarm user shall apply for an alarm permit with the sheriff prior to the use, continued use or activation of an alarm system;

2. A statement that automatic alarm devices which dial into any sheriff's office facility are prohibited and that the sheriff's office will not respond to signals from such devices;

3. A statement that alarm permits are subject to denial, suspension and revocation by the sheriff as provided herein;

4. A complete copy of this chapter of the county ordinance; and

5. A copy of an application form for an alarm system permit.

D. Before conducting any work on or testing of an alarm system that will or may cause activation of an alarm or alarm system, an alarm business shall notify the sheriff's office emergency services dispatch unit.

(Ord. 2005-35 § 2 (part))

A. No person shall install, use, operate, maintain or monitor an alarm or alarm system which does not meet or exceed applicable federal and state standards and regulations.

B. No person shall install, use, operate, maintain or monitor an alarm or alarm system that, upon activation, emits a sound similar to sirens used on official emergency vehicles or for civil defense purposes.

C. No person shall install, use, operate, maintain or monitor an alarm or alarm system which emits an audible alarm sound and which does not have an approved automatic shut-off mechanism that will shut off the audible alarm sound within a maximum time of fifteen (15) minutes from the time it is activated.

D. No alarm or alarm system shall be installed, used, operated, maintained or monitored without an approved functioning standby backup power supply which will automatically assure its operation in the event of an interruption in the primary power source. The transfer of power from the primary source to the standby backup source, or vice versa, must occur in a manner that does not activate the alarm.

(Ord. 2005-35 § 2 (part))

Every alarm user shall apply for and receive a permit (herein also referred to as an "alarm permit") from the Alameda County sheriff's office.

No alarm user shall use or operate or cause to be used or operated an alarm or alarm system without first applying for and obtaining a valid alarm permit issued by the sheriff for that alarm or alarm system.

Each permit application shall be filed on a form approved by the sheriff and shall be accompanied by a permit fee payment.

Applications for renewal of existing permits for an alarm system shall also be on a form approved by the sheriff. Renewal applications shall be accompanied by a renewal fee, if made prior to the expiration of the original permit. Renewal applications filed after expiration of the original permit shall be accompanied by a fee in the same amount as the original permit fee.

Said permit application and renewal fees shall be periodically set by the board of supervisors by resolution, and such fees shall reasonably reflect the costs to the county of providing such service.

A person over the age of sixty-five (65) shall be entitled to a waiver of the initial permit application fee for an alarm or alarm system that serves exclusively that person's primary residence. It is the option and responsibility of such a person to apply for the initial permit application fee waiver with proof of primary residency and a signed statement that no business is conducted at or in the residence. Renewal fees shall also be waived when such eligible person applies for the renewal with proof of primary residency and a signed statement that no business is conducted at or in the residence.

(Ord. 2005-35 § 2 (part))

Permits required by this chapter shall be obtained by filing an application with the sheriff's office. Application forms may be obtained through the sheriff's office or from any authorized alarm business and submitted to sheriff at the address listed on the application form.

The applicant shall be the alarm user or the alarm user's designated agent.

In addition to any other information reasonably deemed necessary by the sheriff, the applicant shall furnish the following information on the application form:

A. The name, address and home and business phone numbers of the alarm user;

B. The street address of the premises where the alarm system is located;

C. The name of the manufacturer and model of the alarm system and the type of alarm system operated or to be operated at the site;

D. The name, address and telephone number of the alarm business, if different from the alarm user, that will install the alarm system;

E. The name, address and telephone number of the alarm business, if different from the alarm user, that will maintain the alarm system;

F. The name, address and telephone number of the alarm business, if different from the alarm user, that will monitor the alarm system;

G. The name, address and telephone number of the person whom the alarm user designates as the responsible party who will, upon request by the sheriff, respond to the premises and provide access to the premises for a security check at any time; and

H. In addition to the person identified in subsection G of this section, the name, address and telephone number of at least one alternate person whom the sheriff may contact to respond to the premises and provide access to the premises for a security check at any time in the event that the person designated in response to subsection G of this section is unavailable for any reason.

(Ord. 2005-35 § 2 (part))

No alarm user shall operate an alarm or alarm system without posting the alarm permit sticker, to be provided by the sheriff at the time of issuing a permit or permit renewal, at the front entrance of the premises served by the alarm system. The posted permit sticker shall be clearly visible and readable from the exterior of the premises at all times.

(Ord. 2005-35 § 2 (part))

A permit issued under the provisions of this chapter is not assignable or transferable to another person, entity or location.

(Ord. 2005-35 § 2 (part))

All alarm permits issued pursuant to this chapter shall expire on the date specified on the permit, not to exceed two years from the date of issuance.

An expired alarm permit shall be void and the alarm user shall be required to apply for renewal of such an alarm permit. An alarm user may apply for renewal of an alarm permit within thirty (30) days of its expiration.

The renewal application shall require payment of all applicable fees and shall require the alarm user to correct and update all information set forth in the original application that is no longer accurate and complete.

(Ord. 2005-35 § 2 (part))

Upon notification from the sheriff's office of the activation of an alarm or alarm system, the person designated in the application form (as set forth in subsection G or H of Section 6.08.080) shall arrive at the premises within thirty (30) minutes of such notification to deactivate the alarm system and, when requested, to provide access to the premises for a security check by the sheriff.

In all other cases specified in Section 6.08.130, and upon reasonable advance notice by the sheriff's office in other instances, the person so designated in the application form shall arrive at the premises for a security check by the sheriff.

The alarm user shall be responsible for the failure by the designated person to timely respond to the sheriff's notice and shall be subject to the applicable fines or penalties for such a violation as provided herein.

If an audible alarm system will not shut off and a responsible party cannot be located to shut it off, the sheriff may call any alarm service company to shut off the alarm. The alarm user will be billed and must pay for any expense incurred.

(Ord. 2005-35 § 2 (part))

Within the county unincorporated area, the sheriff shall have the authority at reasonable times and upon reasonable notice, to inspect an alarm or alarm system under the following situations:

A. In connection with a permit application, prior to the issuance or renewal of an alarm permit;

B. In the case of suspended or revoked alarm permit, prior to the reinstatement of the permit;

C. If contacted to respond to the activation of that alarm or alarm system; and

D. If responding to a crime or suspected crime on the premises where that alarm or alarm system is being used or operated.

The sheriff responding to each alarm activation shall attempt to ascertain by investigation whether said alarm was activated with reasonable cause therefor or was a "false alarm dispatch." If such inspection by the sheriff reveals that it was a false alarm dispatch or reveals any violation(s) of the provisions of this chapter, the sheriff shall prepare a report and the factual basis for such conclusions.

Upon receipt of the report described above, the sheriff's office may cause a written notice to be served by mail or personally upon the alarm user. The notice shall identify each violation and advise, as applicable, that an alarm permit will not be issued or renewed or will be revoked or suspended.

The notification shall advise the alarm user to correct immediately such violation(s) before an alarm permit will be issued, renewed or reinstated.

The notification shall also provide notice of the applicable fine for each violation.

Refusal to allow the sheriff to inspect the alarm system upon reasonable request shall be the basis for the denial of issuance or renewal, revocation or reinstatement of an alarm permit.

(Ord. 2005-35 § 2 (part))

The sheriff may revoke any alarm system permit if he determines that the system does not comply with the provisions of this chapter. The alarm user will be notified in writing ten working days before the effective date of the revocation. This notice will be sent to the premises upon which the alarm system is located by first class mail and will include a statement of the reasons for the proposed revocation. The revocation of the permit will be effective ten working days after notice of the revocation is mailed. The alarm user may request in writing that the sheriff reconsider any decision to revoke an alarm system permit pursuant to Section 6.08.170 herein. Such a request must be received by the sheriff within five working days after the revocation notice is mailed. The alarm user will be given written notification of the results of the hearing and a statement of the reasons for the action to be taken. The sheriff may, in his sole discretion, revoke the permit, reinstate the permit, suspend the permit for a reasonable period of time, reinstate the permit with restrictions or additional provisions, and assess a penalty as provided in this chapter.

(Ord. 2005-35 § 2 (part))

In addition to any fine or penalty that may be imposed by law, any violation of the provisions of this chapter shall be subject to a civil fine or penalty as provided herein.

The following fines or penalties apply to this chapter:

A. Failure to Obtain Alarm Permit as Provided in This Chapter. An alarm user shall be subject to a fine of one hundred fifty dollars ($150.00) for failure to obtain an alarm permit as provided in this chapter. This fine will be waived if, within thirty (30) days of notice of such violation, the alarm user applies for and obtains a valid alarm permit for the subject alarm system.

B. Failure to Maintain a Current Alarm Permit Through Timely Renewal of the Alarm User's Permit as Provided in This Chapter. An alarm user shall be subject to a fine of one hundred fifty dollars ($150.00) for failure to maintain a current alarm permit as provided in this chapter. This fine will be waived if, within thirty (30) days of notice of such violation, the alarm user applies for and obtains a valid current alarm permit for the subject alarm system.

C. False Alarm Dispatches. An alarm user shall be subject to a fine for each false alarm dispatches provided herein. The amount of the fine shall be based on the number of false alarm dispatches that occur within a twelve (12) month period as follows:

Once every five months, in lieu of paying one fine as provided herein, an alarm user has the right to elect to attend a false alarm reduction training class.

If the sheriff receives actual notice of cancellation of a request to respond to an alarm or alarm system in a reasonable amount of time prior to sheriff's or sheriff's deputy arrival at the premises to allow the sheriff via dispatch to cancel responding, it will not be deemed a false alarm dispatch under this chapter.

D. False Statements. An alarm user shall be subject to a fine of one hundred fifty dollars ($150.00) per occurrence if an alarm user or its employee or agent knowingly makes a false statement concerning the inspection of an alarm site or the performance of an alarm or alarm system. An alarm business shall be subject to a fine of one hundred fifty dollars ($150.00), if an alarm business employee or agent knowingly made a false statement concerning the inspection of an alarm site or the performance of an alarm or alarm system.

E. Failure to Timely Respond. An alarm user shall be subject to a fine of one hundred fifty dollars ($150.00) per occurrence, if the person designated under Section 6.08.080 fails to timely respond to sheriff's notice as provided in Section 6.08.130.

F. Failure to Timely Pay Fines. Fines not paid within thirty (30) days after the notice or after the final hearing if requested may be grounds for suspension or revocation of the alarm permit.

G. Other Violation. Except as provided above, any other violation of the mandatory provisions of this chapter shall subject the violator to a fine of seventy-five dollars ($75.00) per violation.

(Ord. 2005-35 § 2 (part))

The sheriff shall reinstate an alarm permit provided the alarm user has met the following conditions:

A. All fines are paid, and

B. Satisfactory written documentation indicating the mechanical cause of the false alarms has been corrected or

C. The alarm user satisfactorily completes false alarm reduction training class when the cause of the false alarm dispatch was due to an operator error, and

D. The alarm user is in compliance with all provisions of this chapter.

(Ord. 2005-35 § 2 (part))

A. Upon denial of an alarm permit application or denial of a permit renewal application or upon suspension or revocation of such a permit under this chapter, an alarm user may request a review hearing to be conducted by a sheriff's office hearing officer to dispute that action.

B. Upon notice of a violation(s) and/or fine(s) by the sheriff, the alarm user or alarm business may also request a hearing to be conducted by a sheriff's office hearing officer to dispute the referenced violation(s) or fine(s).

C. A request for hearing under this section shall be in writing and shall be made:

(1) In the case of denial of an alarm permit or permit renewal application or revocation of an alarm permit: within ten business days of the date of notice to the alarm user of that action;

(2) In the case of notice of violation(s) and/or fine(s): within ten business days of the date of notice of said violation or fine.

D. Failure to request a review hearing in a timely manner as provided herein shall be deemed a waiver of the right to a review hearing under this section and the notice decision shall be final.

E. Upon receipt of a timely request for a hearing under this section, the sheriff shall provide a written notice of review hearing to the requesting party. The notice shall specify the date, time and location of the hearing. The notice shall be sent via U.S. regular mail to the address of the requesting party specified in the permit application or to the address specified by the requesting party in the written request for hearing (if that address is different from the address in the permit application). The notice shall be mailed to the requesting party at least five business days before the scheduled date for the review hearing.

F. The hearing shall be conducted within fifteen (15) business days of the request for a hearing.

G. The review hearing shall be conducted by the hearing officer. The hearing shall be informal and shall not be conducted pursuant to rules of evidence.

H. As applicable, the purpose of the hearing is to determine if there is satisfactory evidence that the permit or renewal permit should not be issued due to failure to comply with the conditions of this chapter, or if a permit should be revoked based on a violation of this chapter and, if so, the appropriate fine for that violation or violations per the schedule of fines established in Section 6.08.150.

I. The hearing officer shall issue a written decision within ten business days of the conclusion of hearing. The hearing officer shall notify the requesting party by mailing a copy of that decision to the requesting party at the same address to which the notice of hearing was mailed. The decision shall inform the party of their right to appeal the decision as set forth in this chapter and shall set forth the final date for receipt of such appeal.

(Ord. 2005-35 § 2 (part))

The requesting party may appeal the decision of the hearing officer by filing with the sheriff a written appeal specifying the grounds for the appeal and stating why the decision should not be applied.

That written appeal must be filed with the sheriff's office within ten business days of the mailing of the notice of the hearing officer's decision pursuant to subsection I of Section 6.08.170.

The failure to file a timely appeal as provided in this section shall be deemed a waiver of the right to appeal and the hearing officer's decision shall be final. If timely appealed, the appeal hearing officer shall promptly schedule an appeal hearing to be held no later than thirty (30) days after the timely filing of the written appeal.

The appeal hearing officer may hear additional evidence and may sustain, reverse, or modify the decision. The appeal hearing officer shall issue a written decision to the party within thirty (30) days of the conclusion of the hearing. This decision shall be final.

(Ord. 2005-35 § 2 (part))

In the event of the failure of any person to pay the charges assessed pursuant to the provisions of this chapter, the county may instate an action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the county may be collected.

(Ord. 2005-35 § 2 (part))

A. Government entities are required to comply with the provisions of this chapter except that such entities shall not be subject to a fine or fines as provided in this chapter.

B. The provisions of this chapter are not applicable to alarms affixed to vehicles subject to the California Vehicle Code, ships or boats, or railroad cars.

(Ord. 2005-35 § 2 (part))

No provision of this chapter shall be deemed, whether directly or indirectly, to authorize or require or permit any act, which is otherwise prohibited by law of the state of California, nor shall any provision of this article be deemed, whether directly or indirectly, to prohibit any act that is otherwise permitted by any law of the state of California.

(Ord. 2005-35 § 2 (part))

If any section, subsection, clause, sentence, or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The board of supervisors hereby declares that it would have passed the ordinances codified in this chapter and any section, subsection, sentence, clause or phrase thereof without said sections, subsections, sentences, clauses, or phrases.

(Ord. 2005-35 § 2 (part))