Del Norte County Municipal Code § 9.18

The purpose of this chapter is to establish standards and controls of the various types of intrusion, holdup, and other emergency signals from alarm systems that require law enforcement response or investigation; and for the businesses and persons installing and serving such systems in order to protect the public health, welfare and safety.

(Ord. 85-10 (part), 1985)

For the purposes of this chapter, the following definitions shall apply:

1. "Alarm agent" means any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: Selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building place or premises.

2. "Alarm business" means any person, firm or corporation conducting or engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises. A business which only sells or leases alarm devices from a fixed location and does not service, install, monitor or respond to alarm systems at the protected premises or call upon law enforcement to do so, is not an "alarm business" for the purposes of this chapter.

3. "Alarm system" means any device connected electronically to the County Communication Center or other central monitoring point designed for the detection of an unauthorized entry on premises, or any device designed for alerting others of the commission of an unlawful act, by sound, light, electronic signal, or otherwise, or any combination thereof, which, when actuated, emits a sound, flashes a light, or transmits a signal to indicate that an emergency exists, to which law enforcement officers are expected to respond.

4. "Alarm user" means any person who has an alarm system installed at his or her place of business or residence.

5. "Audible alarm system" means a device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act, or both, which, when actuated, generates as a signal an audible sound or flashing light or utilizes other means to attract attention, other than by signal to a central monitoring point, with the expectation that law enforcement will be summoned by a person who hears or observes such signal.

6. "County" means county of Del Norte.

7. "False alarm" means the activation of an alarm system necessitating response by law enforcement when an emergency does not exist. The term "false alarm" does not include alarms generated by severe storms, earthquakes or other violent acts of nature, even though an emergency does not exist.

8. "Monitored alarm system" means any device connected electronically to the County Communications Center or other central monitoring point, designed for the detection of an unauthorized entry on or attempted entry into premises or structure, or designed for alerting others of the commission of an unlawful act by transmitting a signal to any such monitoring point, with the expectation that law enforcement will be dispatched.

9. "Non-Priority" means that law enforcement response to the activation of an alarm will not be given precedence over other calls and other service needs.

10. "Person" means any individual, partnership, corporation or other entity.

11. "Sheriff" means the sheriff of Del Norte County.

(Ord. 85-10 (part), 1985)

The provisions of this chapter are not applicable to audible alarms affixed to automobiles, unless the vehicle alarm is connected to a central monitoring system.

(Ord. 85-10 (part), 1985)

It is unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing or monitoring an alarm system in or on any building, place or premises within the County without first having registered with the sheriff's department. Registration shall not be required for any business which only sells or leases alarm devices at a fixed location unless the business services, installs, monitors or responds to alarm systems at the protected premises. Registration shall be accomplished by registering the name of the alarm business and filing a copy of its state-issued identification card with the sheriff's department. No fee shall be charged for such registration, nor shall any application form be required by the county.

(Ord. 85-10 (part), 1985)

It is unlawful for any person, including the owners of an alarm business, to engage directly in the selling, leasing, maintaining of an alarm system in or on any building place or premises within the County without first having registered his or her name and filed with the sheriff a copy of the alarm registration card issued by the state. Nothing in this section shall require a person to so register who is merely a salesman for any business not required to obtain an alarm business under the provisions of Section 9.18.40, if the salesman does not engage in any other activities related to alarm systems apart from selling. No fee shall be charged, nor shall any application form be required by the county.

(Ord. 85-10 (part), 1985)

Any alarm business registered with the sheriff's department shall immediately report to that department any change of address or ownership of the business or the name or business address of the manager of operations for the county. Any person registered with the sheriff's department as an alarm agent shall immediately report to that department any change of address.

(Ord. 85-10 (part), 1985)

1. No person shall install or cause to be installed, use, maintain or possess an alarm system on premises owned or in the possession or control of such person, within the county unless an alarm system permit is first obtained from the sheriff in accordance with this section, and remains valid and in effect. The alarm user shall be the applicant. Applications may be transmitted to the sheriff by an alarm agent or an alarm business. The application for an alarm system permit shall be submitted on a form as prescribed by the sheriff and shall include the address and telephone number of the applicant and the person who will render the service or repairs during any hour of the day or night, and the type or types of systems to be utilized. The application shall be accompanied by a nonrefundable fee of twenty dollars.

2. A separate permit shall be required for each separate building. Within a mall or other building shared by more than one business entity, a separate permit shall be required for each separate business entity. Each separate building or separate business shall be subject to the fee established in subsection A of this section. Robbery alarm, intrusion alarm, disturbance alarm and fire alarm systems shall each have a separate permit, but any combination thereof may be included in a single application upon payment of a single fee for each building or entity. Each permit shall represent a separate system, and false-alarm records shall be maintained for each such separate system.

3. The permit shall be denied by the sheriff if the monitored alarm system proposed is not approved pursuant to Section 9.18.80 or if the audible alarm system has previously been the subject or revocation. Any such denial may be appealed by the alarm user to the county board of supervisors. A notice of appeal must be filed with the board of supervisors within twenty days after denial of the permit. The board of supervisors shall render a decision on the appeal no later than the next regular meeting of the board following a hearing which shall be held no later than the second regular meeting of the board following the receipt of the notice of appeal.

(Ord. 85-10 (part), 1985)

All monitored alarm systems installed within the county shall utilize approved Underwriters Laboratory rated protection equipment or equipment approved by some other recognized testing laboratory or approved by the sheriff or his designee. All electrical installations shall be in accordance with applicable requirements of the County's electrical code, and all required permits shall be obtained. Each intrusion alarm system shall be equipped with an auxiliary power supply capable of providing adequate power to the alarm system for a minimum of four hours in the event of electrical power interruption. The auxiliary power shall be automatically activated, in such a manner that the alarm system is not activated by an electrical power interruption. A system equipped with a power failure alarm, which will prevent a false alarm in the event of a power outage may be excluded from the auxiliary power requirement.

(Ord. 85-10 (part), 1985)

1. An alarm user or an alarm agent may apply for, and the sheriff may grant, a permit to install and connect at the Del Norte County Sheriff's Department a monitor for an intrusion alarm, robbery alarm, disturbance alarm or a fire alarm system, or any combination thereof. A fee in the sum of twenty-five dollars shall be aid to the county prior to the issuance of each such permit. In addition, the permittee shall pay the actual costs of installing the monitor as deter mined by the sheriff. The permittee shall give to the sheriff at least fifteen days prior written notice whenever it intends to discontinue service to any alarm system and to remove the installed monitor for Such alarm system.

2. In determining whether to grant a permit, the sheriff shall consider the need for monitoring of the particular alarm, compared to the need for monitoring of other alarms, the demands of other operations, and the availability of space, equipment and personnel. The sheriff may remove or cause the removal of any monitoring device when in his sole discretion the continued monitoring of the alarm no longer meets the criteria set forth in this subsection. The decision of the sheriff regarding an application or removal is final and not appealable.

3. Permits for county-monitored alarm systems shall be conditioned upon the permittee agreeing that the County is not an insurer; that the fees charged for the permit represent the cost of processing the permit and installing the monitoring equipment in the sheriff's department; that by issuing the permit and allowing the monitoring of the alarm system to be done by the sheriff, the county does not undertake to provide law-enforcement services to the permittee at any greater level that is provided to any other person or firm; that the permittee waives any clam against the county, its officers, employees or agents based upon the sheriff's failure to respond to permittees alarm system, or the sheriff's delay in responding, to permittees alarm system; or for the negligence of the sheriff in responding to the permittees alarm system; and that the permittee further agrees to indemnify and hold harm less the

county, its officers, employees and agents from any claim whatsoever made by any person or entity which alleges that the act or omission to act by the county, its officers, employees or agents in connection with permittees alarm system caused personal or property damage to such person or entity.

(Ord. 85-10 (part), 1985)

The sheriffs department may give notice to the alarm user of each response to the actuation of an alarm which investigation determines to be false. Ali intrusion alarm or an audible alarm shall be denied "false" if, upon investigation, responding law enforcement officers find no physical demonstrative evidence of attempted unauthorized entry or of actual unauthorized entry. Within seventy-two hours after receipt of such notice, the alarm user shall file a written report with the sheriff containing an explanation of the cause of activation of the alarm and any planned corrective action. Alarms which are activated by earthquake, flood, extreme and unusual windstorm, tornado, or other acts of God, and alarms activated by actions of persons other than the alarm user, its employees and agents, (including, in the case of a residence, all persons residing there in), or the alarm business, shall not be considered to be "false alarms." If the alarm system is serviced by an alarm business, the report may be filed by the business instead of the alarm user. Failure to respond to such notice shall be grounds for suspension of the alarm system permit.

(Ord. 85-10 (part), 1985)

1. Every alarm user shall, for each alarm system, file with the sheriff a notice containing the names, addresses and telephone numbers of the persons to be notified in case of emergency or alarm activation or to render service to the system during any hour of the day or night. The persons named shall include the occupant of the premises or, if unoccupied, the person from whom entry to the premises may be obtained, and any alarm business or agent responsible for the maintenance of the system. It shall be the duty of the alarm user to maintain such notice current.

2. An audible alarm which has emitted an alarm signal in excess of fifteen minutes is declared to be a nuisance. If service is unavailable from an alarm business or agent responsible for the system, the sheriff's department may cause the alarm to be disconnected within the cost thereof to be a charge payable by the alarm user.

(Ord. 85-10 (part), 1985)

Every alarm business which monitors an alarm system located within the county, shall maintain on file a current listing of all such alarm systems including the name, address and telephone number of the individual or individuals from whom entry to the premises may be obtained. Said information shall be su bmitted to the sheriff's department upon request.

(Ord. 85-10 (part), 1985)

Every person engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system or an audible alarm system as defined in this chapter, other than those owned or occupied by said person, shall carry on his person at all times while so engaged a valid state alarm agent registration card and shall display such card to any law enforcement officer upon request.

(Ord. 85-10 (part), 1985)

1. The sheriff may declare an alarm system at a specific location as a nuisance if such alarm system activates excessive false alarms. It is found and determined that three false alarms within any sixty-day period are excessive and constitute a public nuisance.

2. The sheriff may suspend the permit for an alarm system which activates five or more false alarms or when the alarm user fails to respond to a notice issued under Section 9.18.100. The sheriff shall serve the permittee with a written order of suspension. The order shall be effective immediately if personally served, or forty-eight hours after it is deposited with postage prepaid in the United States mail. The order of suspension may be appealed to the board of supervisors by the alarm user. A notice of appeal must be filed within fifteen days after service of the order, with a copy thereof to the sheriff. If a suspension is appealed, the suspension shall be stayed pending final determination on the appeal. The board of supervisors or their designee shall render a decision on the appeal no later than the next regular meeting of the board following a hearing which in shall be held no later than the second regular meeting of the board following receipt of the notice of appeal, which shall include the effective date of revocation, if any, with notice to the applicant and the sheriff. The board of supervisor's decision on the suspension shall be final.

3. While an order of suspension is in effect, the alarm system shall receive non-priority response from the sheriff's department.

4. A suspended alarm system permit shall be deemed automatically revoked fifteen days after the order of suspension becomes effective, unless the permittee presents the sheriff written verification, satisfactory to the sheriff, that the system has been completely evaluated and problem located and corrected.

5. If an alarm system permit is revoked pursuant to this section, the permittee shall surrender the permit to the sheriff. Any alarm system shall be disconnected and cease op erating, and shall not be put into operation until a new permit is issued.

6. In the event an alarm system permit has been revoked, the alarm user may be granted a new permit only after the deficiencies in the alarm system have been fully corrected, or a different alarm system has been installed by a different alarm business. If the alarm system remains under the same alarm business, the sheriff may order a technical inspection by a qualified person to determine whether the deficiencies have been corrected, in which event a fifty-dollar inspection fee shall be paid prior to the granting of a new permit at that location.

(Ord. 85-10 (part), 1985)

1. Any alarm user whose alarm system constitutes a nuisance pursuant to the provisions of Section

• 9.18.140(A) shall be liable to the county for the payment of the following civil penalties:

  1. For the third false alarm in any sixty-day period, a penalty of twenty-five dollars;

  2. For the fourth false alarm in any sixty-day period, a penalty of fifty dollars;

  3. For the fifth and for each additional false alarm in a sixty-day period, a penalty of one hundred dollars.

2. Failure to pay civil penalties as required by this section within thirty days of receipt of notice from the sheriff shall be grounds for suspension and revocation of the alarm system permit as provided in Section 9.16.140(B) and (D).

3. For the purpose of this section, all false alarms which are emitted by an alarm system in any twentyfour hour period shall be deemed to constitute one false alarm. Independently controlled alarms within the same premises shall constitute a separate alarm.

4. No notice of civil penalties shall be issued for a third or subsequent false alarm unless the alarm user has been given notice of the first two false alarms and a notice of civil penalties for false alarms in excess of two.

(Ord. 85-10 (part), 1985)

Violation of this chapter is an infraction and is punishable by a fine of not more than two hundred fifty dollars. Revocation of a permit shall not be a defense against prosecution. The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the county shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee, monitoring fee or other charge provided for in this chapter shall be deemed a debt to the county. An action may be commenced in the name of the county in a court of competent jurisdiction for the amount of any delinquent fee or charge. All fees and charges shall be delinquent thirty days after they are due and payable, and shall draw interest at the legal rate.

(Ord. 97-002 § 2, 1997; Ord. 85-10 (part), 1985)