Cupertino Municipal Code Ch. 10.26 Regulation of Police Alarm Systems and Devices

The purpose of this chapter is to set forth regulations governing police alarm systems and devices used within the City, and to establish service charges to be assessed in the event of repeated false alarms. The cost to the City and the risk to police personnel incurred by providing proper police response to all such alarms is found to be a significant burden which must be remedied by appropriate measures.

(Ord. 953, (part), 1979)

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.

A. “City” means City of Cupertino.

B. “False alarm” means a police alarm system activated through unexcused inadvertence, negligence, or malfunction of any segment of the alarm system, to which personnel of the police service serving the City must respond, in circumstances where no police emergency as herein defined exists.

C. “Notice” means written notice, given by personal service to the addressee, or given by the United States mail, 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 said notice into the custody of the United States Postal Service.

D. “Owner” means the person actually responsible for the operation and maintenance of the police alarm system.

E. “Person” means natural person, firm, partnership, association, or corporation.

F. “Police alarm system” means any mechanical or electrical device which is designated or used for the detection or warning of unauthorized entry into a building, structure, or facility, or for alerting others of the commission of an unlawful act within a building, structure, or facility, or both, and which emits a sound or transmits a signal or message when actuated. Alarm systems include but are not limited to direct-dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designated or used to register alarms perceptible from outside of the protected building, structure, or facility are excluded from this definition, as are auxiliary devices installed to protect the telephone system from damage or disruption by the use of an alarm system.

G. “Police emergency” means the unauthorized violent breaking, and/or entering, damaging or burglary of a building, structure, vehicle, or other facility, or the commission of a violent act likely to produce immediate bodily harm, or an attempt or serious threat of any of the acts described herein.

H. “Premises” shall be those buildings, structures, vehicles or other facilities to be protected by a police alarm system and shall not include smaller or discrete subdivisions within such buildings, structures or facilities.

I. “Responsible occupant” includes but is not limited to lessees, tenants, or other agents of the legal owner of the premises wherein the alarm system is installed; provided, that such agents had actual control of and responsibility for the operation of the premises at the time of any false alarm.

(Ord. 953, (part), 1979)

Every person maintaining an outside audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified in order to render repairs and service or secure the premises during any hour of the day or night in the event that the alarm is actuated. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building where the alarm is located. The wording “police alarm-call Santa Clara County Sheriff's Department” shall be placed on the gong covers immediately below such alarm device. It is unlawful to install or use a police alarm system which upon activation emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning purposes. All local exterior bells, gongs, noisemaking devices or pulsating lights shall have a timing device that will silence or turn off such devices or lights within ten minutes following initial activation.

(Ord. 953, (part), 1979)

It is unlawful for any person to use, cause to be used, or engage in the business of providing, any telephone device or attachment which automatically selects a public primary telephone trunk line of the Santa Clara County communications center, and then emits a prerecorded message for the purpose of reporting any police emergency, fire, or other emergency.

(Ord. 953, (part), 1979)

The provisions of this chapter, with the exception of Section 10.26.050, shall not apply to alarm systems affixed to motor vehicles. There shall be a thirty-day exemption for new alarm system installations. Those false alarms evidenced to be caused by acts of God shall be exempt. Alarm systems installed in public schools shall be exempt.

(Ord. 953, (part), 1979)

One of the law enforcement officers responding to each emergency alarm as defined herein shall attempt to ascertain by investigation whether said alarm was activated with reasonable cause therefor or was a false alarm within the meaning of subsection B of Section 10.26.020 above. In the event that his investigation indicates to the investigating officer that the alarm was a false alarm, said officer shall forward a report of this investigation to the Code Enforcement Officer of the City or such other person as may be designated by the City Manager, stating his conclusions and the factual basis for such conclusions.

(Ord. 953, (part), 1979)

Upon receipt of the report described in Section 10.26.070 above, the Code Enforcement Officer or other authorized person may cause a written notice to be served by mail or personally upon the responsible occupant of the premises on which the alarm was located. Said notice shall indicate that a false alarm was made from said premises, and that steps should be taken by the owners to prevent future false alarms. Said notice also shall state that in the event of a second false alarm occurring on the premises in the same calendar year as the first, a service charge shall be assessed against the owner for every such subsequent false alarm occurring within that calendar year.

In the event that the owner of the alarm system is not also the responsible occupant of the premises wherein such alarm system is installed, then the responsible occupant shall, upon receipt of notice immediately:

A. Inform the owner of the alarm system and cause the notice to be delivered to the owner; and

B. Notify the Code Enforcement Officer of the identity of the owner of the alarm and that the notice has been delivered to the owner.

In the event of failure of the responsible occupant, when not the owner, to comply with the above notification procedure, then the responsible occupant shall bear the responsibility of the owner of the alarm as provided in this chapter.

(Ord. 1207, § 3 (part), 1982; Ord. 953, (part), 1979)

There is imposed a service charge upon every owner who reports, causes to be or permits to be reported a false alarm as defined in this chapter. Said service charge shall be according to a schedule adopted by the City Finance Officer to reflect the total cost of administering the police response and collection costs for a false alarm. Said charges shall bear interest at the legal rate from the date thirty days following the giving of notice, as provided in Section 10.26.080.

(Ord. 1731, (part), 1996; Ord. 1526, (part), 1990; Ord. 1207, § 3 (part), 1982; Ord. 953, (part), 1979)

The City Finance Officer is empowered and authorized to designate such person or persons who shall enforce the provisions of this chapter. Upon receipt by said enforcement officer of a report of a false alarm originating from premises to which was sent a notice as described in Section 10.26.080, he shall cause to be served a notice of assessment of the above-described service charge, which notice shall describe the date and time of the alleged false alarm, and whether police personnel responded thereto. Said notice shall also request payment of the assessment charge within thirty days from the date of the notice and shall indicate the existence and terms of the hearing provisions contained in this chapter.

(Ord. 1731, (part), 1996; Ord. 1526, (part), 1990; Ord. 953, (part), 1979)

On or before thirty days following issuance of the notice of assessment described in Section 10.26.100, the recipient of such notice shall cause to be remitted to the office of the City Finance Officer the full amount of such service charge. The service charge shall be considered delinquent fifteen days after the date to request a hearing before the City Manager or City Council, as the case may be, has expired.

(Ord. 1731, (part), 1996; Ord. 1526, (part), 1990; Ord. 953, (part), 1979)

A. Hearing Before the City Finance Officer. Any person dissatisfied with the assessment may file a written request with the City Finance Officer, within ten days from the date of the notice, for a hearing regarding the investigation and determination of the assessment. Upon receipt of a request for a hearing, a hearing shall be scheduled before the City Finance Officer or his or her designee within fifteen days from receipt of the request. The City Finance Officer shall cause notice of the hearing date, place and time to be mailed to the person requesting the hearing. At the hearing, evidence shall be heard informally and written findings of fact shall be made by the City Finance Officer or his or her designee. The City Finance Officer shall then notify the person who requested the hearing of the written findings together with a recommendation that the assessment charge be set aside or confirmed in whole or in part. In the event that it is recommended that the assessment charge be confirmed in whole or part, the notice shall request payment within fifteen days of the date of the notice and shall indicate the existence of a procedure for appealing the City Finance Officer’s recommendation to the City Council.

B. Hearing Before the City Council. Any person dissatisfied at the City Finance Officer’s recommendation to set aside or confirm the assessment may, within fifteen days from the date of notification of the City Finance Officer’s recommendation, file with the City Clerk a written request for a hearing before the City Council. A public hearing shall be scheduled within thirty days of the date of the filing of the request for a City Council hearing. Notice of the time and place of the hearing shall be given not less than ten days prior to the hearing to the party which is requesting the hearing. The City Council shall hold a hearing and upon consideration of the City Finance Officer’s findings, recommendation and such other evidence as it deems relevant, set aside or confirm the assessment in whole or in part.

(Ord. 1731, (part), 1996; Ord. 1526, (part), 1990; Ord. 953, (part), 1979)

In the event that any person to whom a notice as described in Section 10.26.100 was mailed fails to either to remit the full amount of the assessment or to request a hearing on such matter within the time allowed, the City Finance Officer shall make such findings and recommendations as is warranted by the evidence.

(Ord. 1731, (part), 1996; Ord. 1526, (part), 1990; Ord. 953, (part), 1979)

In the event of the failure of any person to pay the charges assessed pursuant to the provisions of this chapter, the City may institute an action in any court of competent jurisdiction to collect said charges together with interest and all administrative costs of collection.

(Ord. 1207, § 3 (part), 1982; Ord. 953, (part), 1979)

In the event that any owner or other person is convicted of intentionally reporting a false emergency alarm, as prescribed by Penal Code § 148.4, the enforcement officer designated by the City Finance Officer is authorized to forward to the office of the District Attorney, Probation Departments, or Court having jurisdiction, a record of proceedings conducted pursuant to this chapter, including a statement of any delinquent service charges assessed, for the purpose of obtaining restitution of said amounts to City as an element of any criminal penalty thereby imposed.

(Ord. 1731, (part), 1996; Ord. 953, (part), 1979)

Violation of any of the provisions of this chapter is deemed an infraction punishable as provided in Chapter 1.12.

(Ord. 953, (part), 1979)