Atwater Municipal Code Ch. 8.46 Emergency Alarms

The inefficiency resulting from responses by the Atwater Public Safety Division to false alarms detracts from its ability to respond to bona fide emergencies. In order to improve the ability of the Public Safety Division to effectively respond to law enforcement and safety needs, and to encourage alarm system users, lessors, sellers and manufacturers to better construct and maintain alarm systems in the City an alarm permit requirement is hereby imposed on all alarm system users as hereinafter set forth. Nothing in this chapter shall be construed to require the Police Department or Fire Department to respond to alarm devices. The issuance of an alarm permit does not entitle the holder to any special level of Police or Fire Department service. All Public Safety Division responses to alarm devices will be made in accordance with the alarm response policy established by the Police Chief.

(Ord. CS 927, § 1, 4-23-2012)

As used in this chapter:

A. "Alarm agent" means any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to or causing others to respond to an alarm system in or on any building, structure or facility. Alarm agent excludes a police officer or firefighter.

B. "Alarm business" or "alarm company" means any business leasing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system, or causing it to be leased, maintained, serviced, repaired, altered, replaced, moved or installed in, over, under or on any building, structure or facility. "Alarm business" does not include a business manufacturing or selling an alarm system, unless such business services, installs, monitors, or responds to alarm systems at the protected premises.

C. "Alarm system" means any assembly of equipment and devices arranged to signal the presence of any condition upon commercial, industrial, or residential premises within the City to which an emergency response by the Public Safety Division would commonly occur. The term "alarm system" shall include any equipment which is designed to detect an emergency or which is designed to be activated by a person to report an emergency. Alarm system does not include:

1. An alarm installed on a vehicle, unless the vehicle is permanently located at a site;

2. An alarm which, by design, only alerts the occupants of a residence or business premises;

3. A fire alarm.

D. "Alarm user" means any person who owns, operates or manages, or is entitled to possession of any premises, in the City on which an alarm system has been installed and operates.

E. "False alarm" means the activation of an alarm system through mechanical failure, accident, misoperation, malfunction, misuse, improper activation, or negligence which does not require police service other than deactivation of the alarm. False alarms shall not include alarms caused by acts of God or other causes which are beyond control of the alarm agent, alarm business or alarm user. A false alarm shall be determined by the Police Chief pursuant to Section 8.46.060.

F. "Site" means an identifiable and detached building with a separate alarm system, or an individual business premises or residence within a building having a separate alarm system within the City.

(Ord. CS 927, § 1, 4-23-2012)

A. Pursuant to Section 8.46.045, each time an alarm business sells and installs a new alarm or takes over an existing alarm system within the City the alarm business shall complete and submit the initial alarm permit application, which shall be signed by both the alarm user and the alarm business pursuant to Section 8.46.045, within seven business days of the completion of the installation.

B. If an alarm user self-installs an alarm system it shall be the responsibility of the alarm user to complete the alarm permit application, within seven business days of the completion of the installation.

C. Failure of the alarm business and or alarm user to comply with this section is a violation of Section 8.46.070(D).

(Ord. CS 927, § 1, 4-23-2012)

A. In the event information provided pursuant to Section 8.46.045(B) changes, the alarm user shall notify the Police Department in writing within ten business days of the change.

B. The failure to comply with this section will result in a fine of $100.00, which will be updated by City Council resolution and included within the City Master Fee Schedule.

(Ord. CS 927, § 1, 4-23-2012)

A. Permit Required. No alarm user shall operate and use an alarm system without a permit ("alarm user permit") issued in accordance with the provisions of this section. Currently, there is no application fee for an alarm user permit.

B. Application for Permit. Any person wishing to obtain an alarm user permit shall apply on a form provided by the Police Department. Said application shall be signed by both the alarm user and by the alarm company and shall contain at a minimum the following information:

1. Date of application.

2. Name, address, and telephone number of the premises where the alarm system has been installed.

3. Name, address, and telephone number of the alarm business which installed the alarm system, including the name of the responsible managing officer and 24-hour service phone number at the alarm business who is responsible for the installation, repair and maintenance of the alarm system.

4. A statement that service for the alarm systems, which the alarm business installs, maintains, monitors, or operates, will be available on a 24-hour, seven-day-a-week basis.

5. A statement that the alarm user will comply with all laws of the State and the City regarding the use of an alarm system.

6. A statement that the alarm business and all agents, representatives and employees will at all time comply with all laws of the State and of the City regarding installation, monitoring or use of the alarm system.

7. The identifying number and expiration date of a valid, unrevoked, and unexpired State alarm company operator license issued in accordance with the provisions of California Business and Professions Code.

8. The type of alarm system installed.

9. A statement that the applicant acknowledges and understands the provisions of Atwater Municipal Code Section 8.46.070 regarding false alarm fees.

10. Any other information requested by the Police Chief.

C. Denial of Permit. An application for an alarm user permit shall be processed in a timely manner. The permit may be denied by the Police Chief on any one of the following grounds:

1. The applicant fails to provide the information required by Section 8.46.045(B).

2. 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.

3. The alarm system violates the provisions of Section 8.46.080.

D. Suspension of Permit. When grounds as hereafter provided exist, the Police Chief may determine to suspend an alarm user permit. Suspensions of permits shall be for a maximum of 365 calendar days. Use of the alarm system during a suspension of the permit shall be a violation of this chapter. The following shall constitute grounds for suspension of an alarm user permit:

1. The violation of any of the provisions of this chapter.

2. A false statement on the permit application.

3. Failure to pay any false alarm fee pursuant to Section 8.46.070.

4. Failure to pay any fine assessed by this chapter or a court of competent jurisdiction for violations of this chapter.

5. Six or more false alarms during any calendar year.

E. Operating after Permit is Suspended. Any alarm user who knowingly operates or causes a false alarm to occur after his or her alarm user permit has been suspended shall be subject to civil and/or criminal penalties as determined by the City.

F. Permit—Existing Alarm Users. An alarm user with an installed alarm system on the effective date of this chapter shall apply for a permit as required by this chapter within three months of such effective date. Failure to comply with this section shall constitute a violation of this chapter and subject to available remedies by the City.

(Ord. CS 927, § 1, 4-23-2012)

A. Hearing Rights. If an application for an alarm user permit is denied or a permit is to be considered for suspension pursuant to this chapter, the Chief of Police shall serve on the applicant or permittee (alarm user) holding the alarm user permit a written notice of the Police Chief's proposed action including, in the case of suspension, the length of the proposed suspension, and of the right to a hearing on the matter. Service shall be by certified/registered mail to the applicant's or permittee's last known address. Service shall be considered complete five days after such mailing. The applicant or permittee may, within ten calendar days after service of the Police Chief's notification, file a request for hearing. Such request shall be in writing and mailed or deposited with the Police Department at 750 Bellevue Rd, Atwater, California, 95301, and shall be accompanied by a filing fee of $55.00 to cover the cost of processing the appeal. The filing fee shall be refunded to the applicant or permittee in the event that the applicant or permittee prevails at the hearing. If no request for hearing is filed within the time and in the manner prescribed above, the right to a hearing on the proposed denial or suspension shall be deemed to have been waived and the Police Chief may proceed to deny or suspend the permit according to the terms of the original notice of proposed action.

Upon receiving a written request for a hearing, the Police Chief shall serve on the applicant or permittee a notice of the time and place of hearing by first class mail. Service shall be made at least ten calendar days prior to the date set for hearing.

Upon the receipt of a written request for a hearing, in the case of a suspension, the Police Chief shall take no further suspension action until a hearing has been held pursuant to Section 8.46.050(C), and the Police Chief has the written decision of the hearing officer.

B. Hearing Officer. The hearing prescribed described by Section 8.46.050(C) shall be conducted by an individual who is designated by the City Manager. The individual may be an employee of the City who is not assigned to the Atwater Police Department or otherwise subordinate to the Police Chief, or an individual who is not a City employee, retained pursuant to a contract to provide such services.

C. Hearing. In the event of a request for a hearing by the applicant or permittee, pursuant to the provisions of this chapter, a hearing shall be conducted by the hearing officer. The Police Chief shall carry the burden of proof that grounds exist for denial or suspension. The applicant or permittee may appear, present evidence and examine and cross examine witnesses. In the event the applicant or permittee fails to appear at the time, date and place appointed for the hearing, the hearing shall be conducted in the absence of the applicant or permittee and the hearing officer shall render a decision based upon evidence presented during the hearing. For good cause, the hearing may be continued upon request of the Police Chief, applicant, or permittee. The hearing shall be tape recorded, and all documents presented as evidence shall be maintained as part of the record of the hearing.

At the conclusion of the hearing, the hearing officer shall issue a written decision, including findings of fact and conclusions. In the case of a permit suspension, the decision shall determine the length of the suspension. The hearing officer shall make such decision no later than 14 business days after the hearing. The decision shall be served on the applicant or permittee once the decision is made, by first class mail.

The decision of the hearing officer shall be final as to all parties. If the hearing officer's decision is adverse to the applicant or permittee, the decision shall advise that if the applicant or permittee wishes to seek judicial review, guidance should be sought from California Code of Civil Procedure Section 1094.6, a copy of which shall be attached to the decision. The decision shall further advise the permittee that the time limits for judicial review are governed by Section 1094.6 of the Code of Civil Procedure.

(Ord. CS 927, § 1, 4-23-2012)

A. If, within the sole discretion of the Police Chief, an alarm is determined to be a false alarm, the alarm user shall be notified in writing, via the U.S. Postal Service, within 14 business days.

B. In the event that the alarm user disagrees with the determination of the Police Chief, the alarm user may, within 15 calendar days after receipt of such determination, request a reconsideration of the determination that a false alarm occurred. The Police Chief or designee shall hold a hearing within five business days from the date on which the appeal is filed to consider all relevant evidence produced by the person appealing, and any other interested person including employees of the Police Department. The written decision of the Police Chief must be provided to the alarm user within five business days of the hearing and shall be final.

(Ord. CS 927, § 1, 4-23-2012)

A. If, within a 12-month period at a single site, any alarm user causes more than two false alarms to be transmitted to the Public Safety Division, either by direct telephone or other direct communication or by communication from an alarm agent or an alarm business, or by a person responding to an audible alarm, the alarm user, shall pay a false alarm fee to the City in the amount based on the following schedule, which will be updated by Council resolution and included within the City Master Fee Schedule.

First and Second False Alarm .....No Charge

Third through Fifth False Alarm .....$ 50.00

Sixth and Subsequent False Alarms .....100.00

Maximum Fee Per Day .....250.00

Prior to assessing the fee provided for by this section, the Police Chief shall take into consideration factors out of the control of the alarm user which may have contributed to the number of false alarms sustained; for example, physical disability of the user; power outage; weather conditions; etc.

The maximum fee per day shall not exceed $250.00. These amounts will be included within the City Master Fee Schedule and updated by City Council resolution. The Police Chief shall mail a notice to both the alarm user and the alarm business providing the date, time, and location of the false alarm and the amount of the fee.

B. In the event that an alarm user sustains five false alarms within a 12-month period at a single site, the Police Chief, in addition to imposing the false alarm penalty provided in this chapter, shall send a letter to both the alarm user and the alarm business, advising that the sixth and subsequent false alarms will have a penalty of $100.00. The maximum penalty per day shall not exceed $250.00.

C. In the event that an Alarm User sustains seven false alarms within a 12-month period at a single site, the Police Chief, in addition to imposing the false alarm penalty provided in this chapter, may determine to cause the Police Department to discontinue responding to alarms at said site.

D. Any person operating an unpermitted alarm system will be subject to a fine of $100.00 for each false alarm in addition to any other fines. This fine will be updated by City Council resolution and included within the City Master Fee Schedule. The City Manager, or designee, may waive this additional fine for an unpermitted alarm system if the alarm user submits an application for an alarm user permit within ten business days of notification of such violation.

(Ord. CS 927, § 1, 4-23-2012)

No alarm user shall permit the installation or use of and no alarm business shall install:

1. An alarm system with a direct dial to the Police Department of the City; or

2. An alarm system, which contains components that are not UL (Underwriters' Laboratory) listed or the equivalent.

(Ord. CS 927, § 1, 4-23-2012)

A. The alarm business shall provide written and oral instructions to each of its alarm users for the proper use and operation of their alarm systems. Such instructions will specifically include all instructions necessary to turn the alarm system on and off and to avoid false alarms.

B. Reserved.

C. Reserved.

D. Upon enactment of the ordinance that adopted this chapter, the alarm businesses shall only use ANSI/SIA CP-01 (American Nation Standards Institute—Security Industry Association) listed alarm control panels on all new installations and panel replacements or upgrades.

E. Reserved.

F. An alarm business shall:

1. Report alarm signals by using telephone numbers designated by the Police Chief;

2. Verify every alarm signal, completing at least two calls to two different phone numbers except a hold-up or panic alarm activation, before initiating an alarm dispatch request;

3. Communicate alarm dispatch requests to the municipality in a manner and form determined by the Police Chief;

4. Communicate alarm cancellations to the municipality in a manner and form determined by the Police Chief;

5. Communicate any available information (left side, right side, front, back, floor, etc.) about the location on all alarm signals related to the alarm dispatch request;

6. Communicate nature of alarm (e.g.: burglary, robbery, panic, duress, silent, audible, interior or perimeter, smoke, carbon monoxide, water flow, heat sensor);

7. If required, provide an alarm user registration number when requesting law enforcement dispatch;

8. After an alarm dispatch request, promptly advise the law enforcement agency if the alarm business knows that the alarm user or other responder is on the way to the alarm site;

9. Attempt to contact the alarm user or other responder within 24 hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and

10. Upon the effective date of this chapter, alarm businesses must maintain records relating to alarm dispatch requests for a period of at least one year from the date of the alarm dispatch request. Records must include the name, address and telephone number of the alarm user, the alarm system zone(s) activated, the time of alarm dispatch request and evidence of an attempt to verify that the alarm was legitimate. The Police Chief may request copies of such records for individually named alarm users. If the request is made within 60 calendar days of an alarm dispatch request, the alarm business shall furnish requested records within three business days of receiving the request. If the records are requested between 60 calendar days to one year after an alarm dispatch request, the alarm business shall furnish the requested records within 30 calendar days of receiving the request.

G. An alarm business that purchases or transfers alarm system accounts from another person shall notify the Police Chief of such purchase and provide details as may be reasonably requested by the Police Chief.

1. Each alarm business must designate one individual as the Alarm Response Manager (ARM) for the company who will manage alarm related issues and act as the point of contact for the Police Chief. The appointed individual must be knowledgeable of the general provisions of this chapter, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the Police Chief. The name, phone number, and email address of the designated ARM must be provided to the Police Chief.

2. An alarm business shall provide the Police Chief with a customer list in a format acceptable to the Police Chief, upon request, to assist the Police Department with creating the law enforcement's tracking data. California Government Code Section 6254 protects this customer information as confidential and exempt from public release.

(Ord. CS 927, § 1, 4-23-2012)

A. Failure to pay the false alarm fee is a debt owed to the City. The City may bring an action for the collection of the debt or take any other action allowed by law to collect the debt.

B. The debt bears interest at the rate of ten percent per year. Interest accrues from the due date stated on the billing.

(Ord. CS 927, § 1, 4-23-2012)

The provisions of this chapter are adopted as an exercise of the City's police power to promote the public health, safety, and welfare and are not intended to protect individuals or otherwise establish or create a "special relationship" with any particular class or group of persons who will or may be affected by the provisions of this chapter. This chapter neither creates nor imposes any duty to protect on the part of the City nor any of its departments, divisions, officials, agents, or employees. The obligation of complying with the requirements of this chapter and the consequences for failing to do so is placed solely upon the parties responsible for owning, operating, monitoring, or maintaining alarm systems within the City.

By applying for an alarm permit, the alarm user acknowledges that law enforcement response may be influenced by factors such as, but not limited to: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, inability to contact business responsible and prior response history.

(Ord. CS 927, § 1, 4-23-2012)