Article I — Alarm Responses

For the purpose of this chapter, the following terms are defined as follows:

• A. "Alarm agent" means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing any alarm system over, under or in any building or structure or facility.

• B. "Alarm business" means the business of any person, persons or entity engaging in the leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of 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 which engages in the manufacture or sale of an alarm system, unless such business services, installs, monitors or responds to alarm systems at the protected premises.

• C. "Alarm system" means any device, including a system of such devices, which is designed or used for the detection of criminal activity; fire, or related conditions potentially hazardous to the public safety and welfare, which terminates in the police department or some other location, or when activated is audible beyond the property line of the premises in which it is installed. Alarm devices installed in motor vehicles are specifically exempted from the definition of alarm system for the purposes of this chapter.

• D. "Applicant" means any person, persons or entity who owns, leases or otherwise obtains or uses an alarm system, and who files an application for a new or renewal application for alarm monitoring services by the city police department, as set forth in this chapter.

• E. "False alarm" means an alarm signal necessitating response by the city police department when an emergency does not exist. The chief of police or his designee shall determine whether an emergency did exist. Such determination shall be final unless a hearing is requested pursuant to subsection N of this section.

• F. "Faulty system" means an alarm system which results in false alarms as the result of mechanical failure, malfunctioning equipment, or improper installation.

• G. "Finance director" means the finance director of the city, or his or her authorized representative.

• H. "Notice" means written notice, given by personal service upon the addressee, or deposited with the United States Postal Service, first class, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service.

• I. "Permittee" means any person granted a permit as provided in this chapter, and his or her agents and representatives.

• J. "Person" means natural person, firm, partnership, association or corporation, company, or other entity.

• K. "Police chief" means the police chief of the city of Cotati, or his or her authorized representative.

• L. "Police department" means the police department of the city of Cotati.

• M. "Public agency" means the state or any department or agency thereof; a county, a city and county, city, public corporation, municipal corporation or public district.

• N. An "emergency" is an occasion which reasonably calls for a response by the police department. A response due to failure of the alarm system or to personnel error is not an emergency. Any person who contends that the police chief has erroneously determined that an emergency did not exist may, within ten days from the date of written notice of a false alarm, file with the city manager a written request for a hearing. The request shall set forth why (1) an emergency did exist or (2) the false alarm resulted from an act of God, flooding, or other violent natural condition. Within thirty days after receipt of such request, the city manager, or his designee shall conduct a hearing with respect to such determination. The city manager or his designee shall, within ten days after the hearing, give written notice of his decision.

• (Ord. 707 § 1(part), 2000)

The city may provide alarm monitoring services for police alarm systems as an adjunct to its emergency communications operations. Monitoring services will be provided on a priority basis to those applicants having the most critical exposure in relation to public safety. The city reserves the right to cancel the services provided in this chapter upon thirty days' written notice. (Ord. 707 § 1(part), 2000)

The city council, by resolution, shall establish rules and regulations and a schedule of fees and charges for permit applications and renewals, false alarm responses relating to all systems, and monitoring services, as described in this chapter. Public agencies shall be exempt from permit application and renewal fees. Public agencies shall not be exempted from any other fees and charges including, but not limited to, fees and charges for monitoring services and false alarm responses. The police chief is authorized to enforce the rules and regulations adopted by resolution of the city council for this purpose. No person shall connect or continue to have any alarm system connected to the city's police department unless and until that person shall have complied with all such rules and regulations.

(Ord. 707 § 1(part), 2000)

All existing permittees with alarm systems terminated in the police department must resubmit an application at the time the ordinance codified in this chapter becomes effective if they wish to continue to receive alarm-monitoring services by the city. (Ord. 707 § 1(part), 2000)

Any alarm system to be terminated at the police department must have been installed by a licensed alarm business and meet all applicable standards and requirements of the State Fire Marshal, building codes, and other established standards, as required by the city. The system must be compatible with the city's monitoring facilities. Any privately owned interconnect equipment or other devices required to be installed in the police department for the purposes of achieving compatibility with city-owned equipment shall be subject to approval by the city. (Ord. 707 § 1(part), 2000)

Applications for direct monitoring services provided by the police department shall be filed with the police department, and shall be accompanied by the requisite fee. Information necessary to evaluate permit applications shall be prescribed by the city, and submitted by the applicant on forms provided by the city. Applications shall be processed only in the name of the person utilizing the alarm system. An alarm business may submit an application acting for the person utilizing the alarm system. The city reserves the right to reject any and all applications for reasons of improper application, nonpriority utilization with respect to critical public safety exposure, or inadequate or improperly installed alarm systems, pursuant to requirements adopted by this chapter. The city further reserves the right to require the applicant to also have monitoring performed by a private alarm monitoring company.

(Ord. 707 § 1(part), 2000)

The police chief shall approve the application, and the police department will execute the appropriate agreement with the applicant to permit connection of the system in the police department in accordance with the provisions of this chapter. (Ord. 707 § 1(part), 2000)

Applications for monitoring services shall be renewed annually. (Ord. 707 § 1(part), 2000)

Applicants must provide adequate training of personnel in the operation of their alarm systems. Excessive false alarms for any reason, including due to operator error, shall be cause for discontinuance of monitoring service.

(Ord. 707 § 1(part), 2000)

Alarm systems terminated in the police department shall be maintained in proper working order at all times. Faulty systems shall be disconnected in the police department eleven days after written notice to the applicant unless a request for hearing is filed in accordance with this section. Any disconnected alarm system will not be reconnected until evidence of satisfactory repair or correction has been submitted to the city. Any person who contends that the police chief has erroneously determined that the alarm system is a faulty system, may, within ten days from the date of written notice of intent to disconnect the faulty alarm system, file with the city manager a written request for a hearing. The request shall set forth each and every reason why the alarm system is not faulty. Within thirty days after receipt of such request, the city manager, or his designee shall conduct a hearing with respect to such determination. The city manager or his designee shall, within ten days after the hearing, give written notice of his decision. The decision of the city manager shall be final and conclusive.

(Ord. 707 § 1(part), 2000)

Whenever any change occurs relating to the written information required by this chapter, the permittee shall give written notice thereof to the city within ten days after such change. (Ord. 707 § 1(part), 2000)

The city assumes no additional responsibility for the security of any permittee's property other than that accorded to any other property, with or without alarm monitoring services. (Ord. 707 § 1(part), 2000)