Ceres Municipal Code Ch. 03 Emergency Alarms

For purposes of this chapter, the following terms shall have the following meanings:

Alarm Administrator means the person or persons designated by the Chief of Police to administer the provisions of this chapter.

Alarm agreement holding company means the alarm installation company or monitoring company that holds a legal contract or agreement between the alarm installation company or monitoring company and the alarm user.

Alarm dispatch cancellation means the termination of a police response to an alarm site after an alarm dispatch request is made but before an officer's arrival at the alarm site.

Alarm dispatch request means a manual or automatic notification to the Police Department that an alarm has been activated at a particular alarm site.

Alarm installation company means a person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system at an alarm site for compensation, and includes individuals or firms that install and service alarm systems used in a private business or proprietary facility.

Alarm site means a location served by one or more alarm systems. In a multi-unit building or complex, each unit shall be considered a separate alarm site if each unit is served by a separate alarm system. In a single unit building that houses two or more separate businesses with separate alarm systems, each business will be considered a separate alarm site.

Alarm system means a device, or series of devices, which emits or transmits an audible or remote visual or electronic alarm signal, which is intended to summon police response. The term includes hardwired systems, surveillance cameras and systems interconnected with a radio frequency method such as cellular or private radio signals, and includes alarm systems that annunciate an alarm only at the alarm site, but does not include an alarm installed in a motor vehicle or a system which will not emit a signal either audible or visible from the outside of the building, residence or beyond, but is designed solely to alert the occupants of a building or residence.

Alarm user means any person who has contracted for monitoring, repair, installation or maintenance service for an alarm system from an alarm installation company or monitoring company, or who owns or operates an alarm system which is not monitored, maintained or repaired under agreement.

Burglar alarm means an alarm intended to identify the presence of an intruder in either a business or residence.

Enhanced call confirmation means an attempt by the monitoring company, or its representative, to contact the alarm site, alarm user, or the alarm user's designated representatives by telephone or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting an alarm dispatch request, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this chapter, telephone confirmation shall require, as a minimum, that a second call be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves, to determine whether an alarm signal is valid before requesting an officer dispatch. Names and numbers of those contacted or attempted to contact shall be provided when requested.

False alarm means an alarm dispatch request to the Police Department which results in the responding officer finding no evidence of a criminal offense or attempted criminal offense after completing an investigation of the alarm site.

Holdup alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

Monitoring company means a person in the business of receiving signals from an alarm system and relaying alarm dispatch requests to the Police Department.

One plus duress alarm means the manual activation of a silent alarm signal by entering a code that adds one number to the last digit of the normal arm/disarm code (e.g., normal code = 1234, one plus duress code = 1235).

Panic alarm means an alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring an officer response.

Responsible party means a person capable of appearing at the alarm site upon request who has access to the alarm site, the code to the alarm system and the authority to approve repairs to the alarm system.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. Responsibility for administration of this chapter is vested with the Police Department.

B. The Chief of Police shall designate an Alarm Administrator to carry out the duties and functions described in this chapter.

(Ord. No. 2020-1056, § 1, 2-24-2020)

The amount of the fees and fines set forth in this chapter shall be specified in the City's Fee Schedule, which may be revised by a resolution of the City Council. The term "fees" include any type or class of fee and includes late charges.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. An alarm user shall:

1. Maintain the alarm site and the alarm system in a manner that will minimize false alarms;

2. Make every reasonable effort to arrive at the alarm system's location within 30 minutes after being requested by the monitoring company or Police Department in order to:

a. Deactivate an alarm system;

b. Provide access to the alarm site; or

c. Provide alternate security for the alarm site, such as ensuring an individual is available and on standby to assist the monitoring company or Police Department;

3. Provide his, her, or its monitoring company with the updated names and telephone numbers of at least two individuals who are able and have agreed to:

a. Receive notification of an alarm system activation;

b. Respond to the alarm site; and

c. Provide access to the alarm site and deactivate the alarm system, if necessary;

4. Not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report; and

5. Notify his, her, or its monitoring company of any suspension of police response (as provided for under this chapter) and, in the event of such suspension, request that the monitoring company not make an alarm dispatch request.

B. No person shall operate, or cause to be operated, any automatic voice dialer which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading into the Police Department or the City and then transmit any prerecorded message or signal.

C. An alarm user shall keep a set of written operating instructions for each alarm system at each alarm site.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. No alarm system shall emit a sound resembling an emergency vehicle siren or civil defense warning. The Chief of Police shall make the final determination regarding any question of an audible alarm for purposes of this section.

B. After the effective date of this chapter, no one shall install, modify, or repair an alarm system in the City that has a siren, bell or other signal that is audible from any property adjacent to the alarm site that sounds for longer than 15 consecutive minutes upon activation or that repeats the 15 minute audible cycle more than two consecutive times during a single armed period.

C. In the event that an audible alarm is activated and fails to reset itself, or continues to activate for more than 60 minutes and the responsible party cannot or will not respond and silence the alarm, and the continued activation of the alarm is creating a disturbance, the Police Department may cause the alarm to be silenced in a manner deemed appropriate for the circumstances. The alarm user shall be held responsible for the actual costs involved to abate the malfunctioning alarm up to a maximum of $300.00. In no event shall the City, its employees, or agents be responsible or liable for damage resulting from any alarm disconnection or silencing authorized by this section.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. Registration.

1. No alarm installation company or alarm agent, as defined by the Business and Professions Code, shall install, maintain, or repair any alarm system within the City unless the alarm installation company or alarm agent has, prior to performing such work, obtained a City business license.

2. Each alarm installation company and alarm monitoring company must designate one individual as the alarm response manager for the company that handles alarm issues for the company and acts as the primary point of contact for the City's Alarm Administrator. The designated alarm response manager must be knowledgeable of the provisions of this chapter, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the Alarm Administrator. The name, contact number, and email address of the alarm response manager shall be provided to the Alarm Administrator. Failure to designate an alarm response manager within 30 days after being notified in writing from the Alarm Administrator may result in the suspension of Police Department response to alarm dispatch requests from the noncomplying alarm installation company or monitoring company.

3. Each alarm installation company shall provide the name, address and phone number of any monitoring company it is using to monitor its alarm sites within the City, and monitoring companies shall do the same for alarm installation companies that use their monitoring services within the City.

B. Alarm installation companies shall:

1. Upon the installation or activation of an alarm system, the alarm installation company shall distribute to the alarm user information summarizing:

a. The applicable law relating to false alarms, including potential for fines and suspension of an alarm;

b. How to prevent false alarms; and

c. How to operate the alarm system.

2. After the effective date of this chapter, alarm installation companies shall not program alarm systems so that they are capable of sending one plus duress alarms. Monitoring companies may continue to report one plus duress alarms received from alarm systems programmed with one plus duress alarms installed prior to the effective date of this chapter.

3. After the effective date of this chapter, alarm installation companies shall not install, modify, or repair "single action" devices for the activation of holdup, robbery, or panic alarms. New devices shall require two actions or an activation time delay to provide more positive assurance that the user intends to activate the device.

4. Ninety days after the effective date of this chapter, an alarm installation company shall, on new installations, use only alarm control panel(s) which are listed as ANSI/SIA CP-01 Control Panel Standard - Features for False Alarm Reduction. The control panel standard details recommended design features for security system control panels and their associated arming and disarming devices to reduce the incidence of false alarms. Control panels built and tested to this standard by Underwriters Laboratory (UL), or other nationally recognized testing organizations, are marked as follows: "Design evaluated in accordance with SIA CP-01 Control Panel Standard - Features for False Alarm Reduction."

5. An alarm installation company shall not use an automatic voice dialer for any alarm system which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading into the Police Department or the City and then transmit any prerecorded message or signal.

6. An alarm installation company shall ensure that alarm users of alarm systems equipped with a duress, robbery, holdup, or panic alarm feature have been provided adequate training as to the proper use of the alarm system's operation and function.

7. All alarm systems shall be supplied with an uninterrupted power supply in such a manner that the failure or interruption of the normal electric utility service for a period of up to four hours will not activate the alarm system.

8. All audible alarm systems shall include a device which will limit the duration of the audible alarm to a period of not more than 15 minutes per activation.

C. A monitoring company shall:

1. Report alarm signals by using telephone numbers or procedures designated by the Alarm Administrator or other approved communication processes.

2. Employ enhanced call confirmation procedures on all burglar alarm dispatch requests. The Police Department may refuse to accept an alarm dispatch request from a monitoring company that has failed to employ the procedures required by enhanced call confirmation. This subsection shall become effective 90 days after the effective date of this chapter.

3. Communicate alarm dispatch requests to the Police Department in a manner and form determined by the Alarm Administrator.

4. Communicate alarm dispatch cancellations to the Police Department in a manner and form determined by the Alarm Administrator.

5. Communicate all available zone activation information (north, south, front, back, door, window, etc.) about the location of an alarm signal(s) as part of an alarm dispatch request.

6. Communicate the type of alarm activation (silent or audible, interior or perimeter), if available, on any alarm dispatch request.

7. Notify the Police Department of any alarm site that it knows, or reasonably should know, has guard dog(s), pets, or is fitted with a protective or reactive alarm system. Protective and reactive alarm systems are those that produce a temporary disability or sensory deprivation through use of chemical, electrical, sonic, or other means, including devices that obscure or disable a person's vision. During any alarm at such a site, a responsible party must be contacted and confirm that he or she will respond to the alarm site to disarm the device or take control of the guard dog(s).

8. After an alarm dispatch request, promptly advise the Police Department if the monitoring company knows that the alarm user or a responsible party is on the way to the alarm site.

9. Each monitoring company shall maintain, for a period of at least one year after the date of an alarm dispatch request, all records relating to the alarm dispatch request. Records must include the name, address, and telephone number of the alarm user, each alarm system zone activated, the time of alarm dispatch request and evidence of all attempts to verify the need for a police or fire response. The Alarm Administrator may request copies of such records for any individual alarm user. If the request is made within 60 days after an alarm dispatch request, the monitoring company shall furnish requested records within three business days after receiving the request. If the records are requested between 60 days and one year after an alarm dispatch request, the monitoring company shall furnish the requested records within ten days after receiving the request. However, in the event that such request is so voluminous that additional time is required to provide an adequate response, the monitoring company shall provide notice to the City requesting an extension and furnish the records within no more than 30 days of receiving the request.

10. Each monitoring company shall, upon request, immediately provide the Police Department with the names and phone numbers of the alarm user's emergency contacts at the time of each alarm dispatch request.

D. An alarm installation company or monitoring company that converts the servicing of any alarm system account from another company shall notify the Alarm Administrator of such conversion and shall make a reasonable effort to provide to the Alarm Administrator, within 60 days from the date of conversion, an alarm user list of the converted accounts, in a format acceptable to the Alarm Administrator.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. The Alarm Administrator shall:

1. Designate the manner and form of alarm dispatch requests and the telephone numbers and communication process that are to be used for such requests; and

2. Establish a procedure to accept alarm dispatch cancellation requests.

B. The Alarm Administrator shall establish a procedure to acquire and record information on alarm dispatch requests.

C. The Alarm Administrator shall establish and implement a procedure to notify the alarm user of a false alarm. The notice shall include the following:

1. The date and time of an officer's response to the false alarm; and

2. Any false alarm fine incurred.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. The Alarm Administrator may assess the alarm user a fine for a false alarm occurring at that alarm user's alarm site. The amount of fines for false alarms, or any fees or late charges set forth in this chapter, shall be established by a resolution of the City Council, as it may be amended from time to time.

B. Fines assessed under this section are due within 30 days of written notice unless otherwise noted. A late charge shall be imposed for each individual fee or fine due that is not paid within 30 days.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. When grounds as hereafter provided exist, the designated authority may determine to suspend response to an alarm. Suspensions of response shall not exceed a maximum of 365 calendar days. Use of an alarm system during the term of a suspension shall be a violation of this chapter. The following shall constitute grounds for suspension of an alarm response:

1. The violation of any provision of this chapter.

2. Assessment of three or more false alarm service fees within any consecutive 12-month period.

3. Failure to pay any false alarm service fee.

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

5. Failure of a subscriber to repair, or cause to be repaired, any malfunctioning alarm system.

B. An alarm response may be permanently revoked by the designated authority for any of the following reasons:

1. If the response has been previously suspended on three or more occasions.

2. If, upon notification of nonresponse and order of disconnection of the alarm system, the party fails or refuses to disconnect the alarm system and continues to operate the alarm system in violation of subsection A of this section.

C. Prior to any suspension or revocation taking effect, the subscriber shall be notified, in writing, delivered by certified/registered mail to the most recent address, of the intent to suspend or revoke the response, the specific reasons for the proposed action, the effective date of the action and the subscriber's right to appeal the decision pursuant to this chapter.

D. Upon the suspension of any alarm response, such response shall not be reinstated until all outstanding fees have been paid and the subscriber has supplied written documentation that mechanical repairs and/or personnel training have been completed to ensure against future false alarms.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. The Alarm Administrator shall notify the Police Department of each alarm user whose alarm qualifies for suspension under this chapter. The Alarm Administrator may suspend an alarm if it is determined that:

1. The alarm user has had four or more false alarms within a one year period, except that the Alarm Administrator may waive a suspension upon receipt of documented work orders showing reasonable attempts to repair the alarm system prior to the notice of suspension; or

2. The alarm user fails or refuses to pay an alarm fee, false alarm fine, late charge, or any other fee, fine, or charge assessed under this chapter.

B. It shall be a violation of this section for a person to operate an alarm system during the period in which the alarm is suspended, or for a monitoring company to make an alarm dispatch request to an alarm site after the monitoring company's alarm response manager has been notified by electronic mail by the Alarm Administrator that alarm site has been suspended. A grace period of five business days after the alarm response manager's notification shall be granted to the monitoring company to comply with this section. The alarm monitoring company shall be assessed a fine for requesting an alarm dispatch request on a suspended alarm site.

C. In addition to the fines set forth in 9.03.080, a supplemental fine shall be imposed upon any person operating a suspended alarm system.

D. It shall be the responsibility of the alarm user to notify their respective alarm monitoring company of their suspension status. An alarm user shall be jointly and severally liable for all false alarm fines incurred on their alarm site.

E. Unless there is a separate indication of a crime in progress, the Police Department may or may not dispatch an officer to an alarm site for which an alarm is suspended.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. If the Alarm Administrator assesses a fee or fine, suspends an alarm, or denies renewal, the Alarm Administrator shall send notice of the action and a statement of the right to appeal to the affected applicant, alarm user, alarm installation company, or alarm monitoring company.

B. The applicant, alarm user, alarm installation company or alarm monitoring company may appeal any action described in subsection A of this section to the Chief of Police, or his or her designee, by setting forth in writing the reasons for the appeal and delivering the appeal to the Chief of Police, or designee, within 20 days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.

C. The procedure for an appeal to the Chief of Police, or designee, is as follows:

1. The applicant, alarm user, alarm installation company or monitoring company may file a written request for appeal by paying an appeal fee and setting forth the reasons for the appeal. The appeal fee shall be in an amount established by resolution of the City Council and will be returned to the appealing party if the appeal is successful.

2. The Chief of Police, or designee, shall provide the appealing party notice of the date and time for the appeal hearing, no later than ten days prior to the appeal hearing. The appealing party shall have the right to appear at the appeal hearing and present evidence in support of his or her appeal.

3. The Chief of Police, or designee, shall conduct a hearing on the appeal within 30 days after the Police Department's receipt of the request for appeal and appeal fee and shall consider the evidence submitted by the appealing party and the Alarm Administrator. The Chief of Police, or designee, must base the decision on the preponderance of evidence presented at the hearing and must render a decision within 15 days after the date of the hearing. The decision shall affirm or reverse the decision or action taken by the Alarm Administrator.

4. Filing of an appeal shall stay any action by the Alarm Administrator to suspend an alarm or require the payment of a fee or fine until the appeal process has been exhausted. This provision applies only to the action of the Alarm Administrator that is the subject of the appeal. This provision does not operate as a bar to enforcement action on violations of this chapter that occur thereafter.

D. The Alarm Administrator or the Chief of Police, or their respective designees, may adjust the count of false alarms or assessed fees based on:

1. Evidence that a false alarm was caused by action of a communications service's provider (i.e., telephone, cellular, cable company);

2. Evidence that a false alarm was caused by a power outage or severe weather such as a tornado, earthquake, or excessive winds;

3. Evidence that an alarm dispatch request was not a false alarm; or

4. The occurrence of multiple alarms within a 24-hour period, which may be considered as one false alarm if the alarm user has taken corrective action. This subsection shall not apply to false alarms directly caused by the alarm user.

E. The Alarm Administrator may waive all or part of a false alarm fine due to extenuating circumstances or to encourage corrective action.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. The Chief of Police may suspend police response to an alarm dispatch request from an alarm installation company or monitoring company if it is determined that:

1. There is a continuing or reoccurring violation of this chapter by the alarm installation company or monitoring company, and the condition causing the violation has not been corrected; or

2. The alarm installation company or monitoring company has failed to pay the fees, fines, or other charges assessed under this chapter for more than 60 days after the fee, fine, or other charge is due.

B. The Police Department shall have no duty to respond to any alarm dispatch request where the alarm installation company or monitoring company who installed or monitors that alarm has failed to comply with California licensing requirements or failed to maintain a valid copy of the State of California Department of Consumer Affairs Alarm Company Operator's License.

C. A suspension of police response made pursuant to this subsection shall be subject to the appeal process provided for within this chapter. In addition, the Alarm Administrator has the ability to accept a workable solution from the affected party prior to an appeal. The affected party has 60 days after the written notice of suspension before police response is suspended to its alarm customers.

D. The Alarm Administrator shall notify all known alarm users subscribing to an alarm installation company or an alarm monitoring company that the Police Department has suspended response to the company's alarm dispatch requests within ten days of such suspension.

E. The City shall assess the alarm installation company or monitoring company a reinstatement fee. In addition, if the Alarm Administrator has incurred costs in notifying alarm users by mail of the suspension of their alarm installation company or monitoring company, reimbursement to the City of those costs shall be a condition of reinstatement.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. Subject to the suspension provisions in section 9.03.100, the Police Department at its discretion will respond to all "in progress" robbery or panic alarms as promptly as possible, taking into account pending calls for service and any policy establishing priority of dispatched calls following notification of the receipt of the alarm from the monitoring company. Police supervisors may, in their discretion, cancel a police response to any or all alarms based on weather or other factors affecting police service needs.

B. The Chief of Police, or his or her designee, may reprioritize assignment of response times at any time during a 24-hour period as may be necessary due to the service needs of the community.

(Ord. No. 2020-1056, § 1, 2-24-2020)