Coachella Municipal Code Ch. 8.12 Alarm Systems

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

Alarm systems. See California Business and Professions Code Section 7590.1(n).

"Alarm business" means any person engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or monitoring any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, moved, installed or monitored an alarm system in or on any building, place or premises.

Alarm agent. See California Business and Professions Code Section 7590.1(o).

"Audible alarm" means a device designed for the detection of an unauthorized entry on premises and which when actuated generates a sound audible at and outside the premises.

"False alarm" means an alarm signal which, under ordinary circumstances, will necessitate or cause response by the police department where an emergency situation does not exist.

"Proprietor alarm" means an alarm which is not serviced by an alarm business.

"Silent alarm" means that type of alarm system which, when activated, sounds a bell or buzzer or turns on a light at a predesignated place other than the location where the alarm has been installed.

"Subscriber" means a person contracting with an alarm business for the leasing, servicing or maintaining of an alarm system.

(Prior code § 7-141)

A. No person shall engage in, conduct, or carry on an alarm business without first applying for and receiving a business license in accordance with the provisions of Title 5 of this code.

B. No person shall engage as an alarm agent or engage in conduct or activities as an alarm agent without first registering his or her name and filing a copy of his or her state-issued identification card with the city.

C. No person or business shall install an alarm system, proprietor alarm, or audible alarm without first applying for a license in accordance with the provisions of this chapter.

D. No person or business shall use an operative alarm system, proprietor or audible alarm without first obtaining a license in accordance with the provisions of this chapter.

(Prior code § 7-142)

The provisions of this chapter shall not be applicable to:

A. Audible alarms affixed to automobiles;

B. Fire or smoke sensor alarm systems or detectors when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems; and

C. Emergency medical crisis alarms when such systems are not used, or in lieu of, intrusion detection devices or alarm systems.

(Prior code § 7-143)

Notwithstanding subsections C and D of Section 8.12.020, alarm systems installed and operative prior to the adoption of this chapter may be continued in operation without a permit until ninety (90) days following adoption hereof, after which such subsections shall be fully applicable thereto.

(Prior code § 7-144)

Applications for all permits required under this chapter shall be filed in accordance with the provisions of Title 5 of this code.

(Prior code § 7-145)

A. Permits as applied for shall be issued in accordance with the provisions of Title 5 of this code.

B. A permit for an alarm system, proprietor alarm, or audible alarm, shall be issued to a person subscribing to an alarm service, either by leasing or buying an alarm system, proprietor alarm or audible alarm. Alarm businesses shall procure and process applications for their subscribers.

(Prior code § 7-146)

Permits for alarm systems, proprietor or audible alarms shall generally be issued in accordance with the provisions of Title 5 of this code.

(Prior code § 7-147)

Each applicant for a permit under this chapter, and each person filing any appeal pursuant to provisions of this chapter shall pay at the time of filing the application or appeal, a processing fee or fees in an amount or amounts as may have been established by resolution of the city council.

(Prior code § 7-148)

A. Any permit granted pursuant to the provisions of this chapter may be suspended or revoked in accordance with the provisions of Title 5 of this code, for the violation of any provision or regulation of this chapter or the rules or regulations applicable to alarm systems or businesses by virtue of any other ordinance or law, or for violation of minimum standards established by this chapter or by other competent authority, or where the character or moral integrity of the permit holder or his or her employee is determined inimical to the public safety or general welfare of the community, or for an alarm system, proprietor alarm, or audible alarm where such device actuates excessive false alarms as determined by the standards set forth in Section 8.12.130.

B. Such suspension or revocation of permit shall be made in accordance with the provisions of Title 5 of this code.

C. Upon failure of the permit holder to respond to the hearing after receiving notice of such hearing, the permit may be suspended or revoked.

D. Upon revocation or suspension of any permit, such permit shall forthwith be surrendered in accordance with the provisions of Title 5 of this code.

E. Upon revocation or suspension of any permit, to use or possess an operative alarm system, proprietor, or audible alarm, the same shall be promptly disconnected and inactivated, and no permit holder or other person using or possessing the same shall fail, refuse or neglect to do so. Upon receiving knowledge of the revocation or suspension of any such permit, the police department shall not consider itself obligated thereafter to respond to any alarm transmitted or sounded by the alarm system, proprietor, or audible alarm for which the permit has been suspended or revoked.

F. Any such suspension or revocation of any permit may be imposed in addition to any penalties otherwise provided for by law.

(Prior code § 7-149)

Any person aggrieved by, dissatisfied with, or excepting to any action, denial, order, requirement, condition, permit, decision or determination made by the city manager or his or her designee in administering the provisions of this chapter, may appeal by filing written notice specifying the grounds of appeal and the relief sought, with the city clerk within ten (10) days after notice of the action appealed from. Upon any failure to file such written appeal within the time allowed in this chapter, the action of the city manager or his or her designee shall be final and conclusive. A timely appeal shall be reviewed by the city manager, and unless an adjustment to the matter is made by the city manager satisfactory to the appellant, the appeal shall be expeditiously scheduled for hearing before the city council, which body, at the conclusion of this consideration, may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the city manager or his or her designee.

(Prior code § 7-150)

The provisions of this chapter shall be administered and enforced by the city manager. He or she and his or her designee are authorized to make inspections of alarm systems, and of the premises whereon such systems are located. He or she and his or her designee shall have the power to enforce such rules and regulations and standards as may be applicable pursuant to this chapter or other ordinance or law.

(Prior code § 7-151)

A. No person shall install or maintain any audible alarm or other alarm system which upon activation omits a sound similar to sirens in use on emergency vehicles or for civil defense purposes.

B. No person who, as owner or business manager or real estate agent or as other responsible employee or agent, maintains an audible alarm which does not contain a means to effect an automatic turn-off of the alarm within ten (10) minutes after it is first activated, and which alarm is not serviced on a twenty-four-hour basis by an alarm business, shall fail, refuse or neglect to notify the police department of:

1. His or her name and the telephone number at which he or she may be reached at any time of the day or night; and

2. The name and telephone number of an alternate responsible person who may be reached to turn off the alarm at all times that the person listed in subsection (B)(1) of this section is absent or otherwise unavailable.

The alarm business or the above-listed person, as appropriate, shall be responsible for deactivating any alarm within thirty (30) minutes of notification that such alarm has been activated or is ringing.

C. The ringing of any alarm for a period in excess of thirty (30) minutes after such notification or reasonable efforts of notification have been made is declared to be a public nuisance which may be made the subject of a prosecution under this title, in addition to being made the subject of permit revocation or suspension as provided in Section 8.12.090.

(Prior code § 7-152)

A. No person shall maintain, use or possess an operative alarm system, proprietor, or audible alarm which is faulty in that it signals or sounds an excessive number of false alarms.

B. Any alarm system, proprietor, or audible alarm shall be presumed to be in violation of this section whenever there are any one of the following numbers of false alarms, whether activated through possessor's negligence, equipment malfunction or for any other reason under the ability to control of the possessor, whether such causes are sole or in combination:

1. More than one within any thirty-day period; or

2. More than two within any ninety-day period; or

3. More than three within any one hundred eighty-day period; or

4. More than four within any one-year period.

C. Any violation of this section shall constitute grounds for permit revocation or suspension pursuant to Section 8.12.090.

D. In lieu of actual permit suspension or revocation pursuant to Section 8.12.090, or as a precondition to permit reinstatement after action taken pursuant to such section, the city manager may require from the appropriate permit holder or other person using, possessing or maintaining a faulty alarm system, proprietor, or audible alarm, a report in writing (within such reasonable period as is specified by the city manager) describing the corrective action which has and will be taken to assure that violation of this section will not reoccur.

(Prior code § 7-153)

A. Whenever the police department has responded to a false alarm which is in excess of any of the tolerable numbers according to the criteria set forth in subsection B of Section 8.12.130, and whenever the police department has responded to any alarm sound, signal or message emitted or transmitted from or by an alarm system, proprietor alarm or audible alarm the permit for which has been suspended or revoked, or for which there was not previously issued a permit in accordance with this chapter, the police chief shall compute the costs directly and indirectly incurred by his or her, department and any other department of the city and in any other way by the city for salaries, wages and other compensation (including fringe benefits) paid or payable to or for the benefit of personnel during the period involved in the response, plus a reasonable rental cost for all city vehicles and equipment directly utilized in connection with the response and for the period involved. The chief shall promptly transmit a report of such costs to the city manager, together with an appropriate report relating the facts and circumstances concerning the incident to which the report of costs relates.

B. The city manager shall review the reports and unless he or she determines that exigencies of the facts and circumstances show the incident to be excusable or that for any other reason it would not be in the public interest to pursue this reimbursement procedure, he or she shall cause billings, for the total costs as reported by the police chief, or for such lesser portion thereof as he or she determines is equitable, reasonable and legal in view of the surrounding circumstances, to be mailed or otherwise transmitted to all of the following or as many thereof appropriately as are shown to be involved in connection with the particular incident and with the alarm system thereby involved: (1) the owner of the alarm system; (2) any person, firm or corporation occupying the premises where the alarm system is located, if such party is responsible for maintenance of the alarm system, or for overall general maintenance of the premises including the alarm system; (3) the alarm business responsible for maintaining or servicing the alarm system, if the alarm signal responded to was activated through equipment malfunction or failure of the [sic] of the alarm business responsible for maintaining or servicing the alarm system, if the alarm signal responded to was activated through equipment malfunction or failure of the alarm business to adequately maintain or service the alarm system; and (4) any other person, firm or corporation shown to have activated the false alarm (if such was the case) intentionally, carelessly or by negligent act or omission.

C. Upon billings being mailed or transmitted per subsection B of this section, each person, firm or corporation so billed shall become indebted and liable, severally and jointly, for payment to the city of the entire amount due, and additionally for such further legal costs as may be incurred by the city, including a reasonable attorney's fee to be set by the court, in the event the total amount billed is not paid and it becomes necessary for the city to resort to legal action in order to collect. In the event any billing is not paid within a reasonable time, an action or actions may be brought for collection of any amounts due pursuant hereto, in any court of competent jurisdiction.

(Prior code § 7-154)

It shall be the responsibility of an alarm business operator or alarm agent, and no such person shall fail, refuse or neglect to instruct the subscriber, and (if a different person) the occupant of the premises wherein an alarm system is installed in the proper use and operation of such device alarm, whether silent or audible, including specifically all necessary instruction in turning off of such alarms, and that intentionally activating an alarm in the absence of an emergency is a criminal offense under Section 148.3 of the California Penal Code.

(Prior code § 7-155)

No alarm system shall be installed which, when activated, causes an alarm or signal to be sent directly to the Coachella police department or any facility thereof, unless and until written permission therefor is received from the police chief. The chief is authorized to limit the number of such devices terminating into the police department if he or she determines that any such device or devices would interfere with the normal functions of the police department.

(Prior code § 7-156)

No person other than an authorized agent of the police department shall use, maintain, operate, or attempt to use or operate, or cause to be used or operated any alarm system or other device or combination of devices that is arranged, adjusted or programmed so that it will upon activation, either mechanically, electronically or by other automatic means, initiate, call and deliver a recorded message to any telephone number assigned to the city, its police department or to any radio frequency used thereby, except on written authorization by the chief of police.

(Prior code § 7-157)