Humboldt County Municipal Code Ch. 6 False Alarms

Sections: Purpose. Definitions.

§ 916-3. § 916-4. § 916-5. § 916-6. § 916-7. § 916-8. § 916-9. § 916-10. § 916-11. § 916-12. § 916-13. § 916-14. § 916-15. § 916-16. § 916-17. § 916-18. § 916-19. § 916-20. § 916-21. § 916-22.

Alarm Permit. Permit Application and Issuance. Permit Nontransferable. Permit Revocation. Permit Revocation - Appeals. Permit Reinstatement. False Alarms. Alarm Standards. Alarm Business Registration. Penalty for Violation of Permit Process. Applicability of Ordinance to Existing Alarm Systems. Regulations. Fees. Enforcement. Posting the Permit on Premises. Alarms Directly Connected to the Humboldt County Sheriff’s Office. Confidentiality. Discontinuance of Alarm Response by the Humboldt County Sheriff’s Office. Disclaimer of the Humboldt County Sheriff’s Office. Severability. 916-1. Purpose. The purpose of this chapter is to reduce or eliminate the incidence of false alarms. False alarms constitute a hazard to law enforcement officers and the general public. The Humboldt County Sheriff’s Office receives and responds to approximately one thousand two hundred (1,200) false alarms each year, many at the same location. This high incidence of false alarms results in substantial costs incurred to the County of Humboldt and the ability of the Humboldt County Sheriff’s Office to respond to valid alarms and other emergencies is reduced. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-2. Definitions. For the purpose of this chapter, the words and/or phrases shall have the following meaning: (a) “Accessibility” means any building or portion thereof that is serviced by an alarm must be capable of being reached by the responding deputy(ies) whether by patrol vehicle, by foot or no more than three hundred (300) feet from where the patrol vehicle can be parked. If there is any barrier such as a wall, gate, cliff, dog or any other material object that prevents, impedes or jeopardizes the safety of the responding deputies so that the alarm and/ or building cannot be checked, it will be classified as “Inaccessible.” (b) “Alarm agent” means any person using an alarm system at his/her place of residence or business, whether it be owned, leased or rented and made available for use by his/her agents, employees, representatives or family. (c) “Alarm Board” means the alarm receiving center located in the Sheriff’s Emergency Communications Center. (d) “Alarm business” means any person, firm or corporation engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, removing, installing or monitoring an alarm system in or on any building, place or premises. This section specifically excludes retail establishments which sell, as part of their products, components for alarm systems; but which do not offer service, maintenance, repair, alteration, replacement, moving or installation of systems in or on any business, place or premises. (e) “Alarm system” means any equipment which is designed or intended to notify persons of an emergency at a particular location to which the Humboldt County Sheriff’s Office is expected to respond. The term “alarm system” includes any equipment which is designed to detect an emergency, or which is designed to be activated by a person to report an emergency. (f) “Alarm user” means any person using an alarm system at his/her place of residence or business, whether it be owned, leased or rented and made available for use by their agents, employees, representatives or family. (g) “Audible alarm” means any alarm system which, when activated, emits a sound which is capable of being heard outside the structure where the system is located, even if the system is completely located within the structure. (h) “Automatic dialing system” means any alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of an emergency situation that the alarm system is designed to detect. (i) “Business” means any premises that qualify under nonresidential use. (j) “False alarm” means an alarm signal that prompts a response by the Sheriff’s Department when an emergency does not exist. (1) Alarms generated by severe storms, earthquakes, or other violent acts of nature when an emergency does not exist shall not be deemed a false alarm. (2) Alarm users may intentionally activate alarms only when necessary to alert police regarding human life in imminent jeopardy or in response to armed robberies, burglaries, or other felonies occurring on alarm premise at the time of such intentional alarm activation. All other alarm activations shall be deemed false alarms. (3) Alarm users and/or their agents shall notify the Humboldt County Sheriff’s Office by telephone prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm and shall accomplish such notification via the Humboldt County Sheriff’s Office business (non- emergency) telephone number. It will also be the responsibility of the alarm user or subscriber to notify Humboldt County Sheriff’s Office after the test is concluded. Prohibited alarm activation and alarm activation due to test of equipment without prior notification to the Humboldt County Sheriff’s Office shall constitute a false alarm. Testing shall be held to a minimum required to ensure proper operation of system(s). (4) Alarm users, or alarm companies authorized by alarm users, may notify the Humboldt County Sheriff’s Office by telephone after it is determined that a mechanical problem exists in the alarm system, that any alarm from said alarm is to be deemed a false alarm, and no response from the Humboldt County Sheriff’s Office is necessary. (5) Any alarm after said notification, and agreement that no response from the Humboldt County Sheriff’s Office is necessary, shall not be deemed a false alarm. The waiver of response by the alarm owner which causes the Humboldt County Sheriff’s Office not to respond shall be in writing and signed by the alarm owner. (6) Alarm conditions generated by owner, if canceled through verified communication with the Humboldt County Sheriff’s Office, prior to a deputy sheriff being dispatched, shall not be deemed a false alarm. For the purpose of this chapter “verified communication” is defined as communication on a direct line from an alarm company who has written authority from the alarm owner to call off alarms, or communication from a private alarm owner who has provided a confidential identification code to the Sheriff’s Office for the purpose of notifying the Humboldt County Sheriff’s Office of a false alarm. Any alarm owner may provide a confidential identification code for a neighbor or any other person said alarm owner wishes to authorize to cancel an alarm response which has proved to be a false alarm. (k) Late Application Fee. If the Sheriff’s Department responds to the alarm activation without having an alarm permit on file, the permit holder is subject to a late alarm application fee as set forth in the Humboldt County Schedule of Fees and Charges for the first false alarm activation and shall be subject to the normal false alarm assessments as set forth in the Humboldt County Schedule of Fees and Charges for the second and subsequent false activations. (l) “Penalty assessment” means the civil penalty against the permit holder in the form of a citation, letter or bill for the misuse or false activations of any alarm. (m) “Permittee” or “permit holder” means any person holding an alarm permit issued under the provisions of this chapter. (n) “Person” means any natural person, partnership, corporation, unincorporated association, or other business entity. (o) “Residential” means any premises used as dwelling units which includes apartments and lodging houses. (p) “Robbery/hold-up alarm” means any alarm system which is activated by the direct action of the person being robbed or an observer of the robbery.

(q) “Silent alarm” means any alarm system which, when activated, transmits an alarm signal to a receiving center without obvious local indication of alarm activation. (Ord. 1932, § 1, 4/30/1991; Ord. 1966, §§ 1, 2, 4/7/1992; Ord. 2672, Att. 1, 3/23/2021) 916-3. Exemptions. This chapter shall not apply to alarm systems affixed to automobiles, boats, or recreational vehicles or systems which do not require a response by the Humboldt County Sheriff’s Office. However, in systems other than those affixed to automobiles, boats, or recreation vehicles, if any person requests a response by the Humboldt County Sheriff’s Office, that alarm system will be brought within the permit requirements from that time forward. (Ord. 1932, § 1, 4/30/1991; Ord. 1966, § 3, 4/7/1992; Ord. 2672, Att. 1, 3/23/2021) 916-4. Alarm Permit. (a) It shall be unlawful for any person to use, install, or cause to be installed an alarm system on any premises within the unincorporated areas of the County without first applying for and receiving an alarm permit. Alarm systems installed prior to the effective date of this chapter shall be required to be brought within the alarm standards set forth by this chapter in Section 916-11 within sixty (60) days. (b) It shall be unlawful for any person to use or operate an alarm system within the County of Humboldt under a revoked permit. (c) Any person operating an alarm system within the County of Humboldt without an alarm permit as required by this chapter or under a revoked permit shall be punished pursuant to Section 916-13. (Ord. 1932, § 1, 4/30/ 1991; Ord. 2672, Att. 1, 3/23/2021) 916-5. Permit Application and Issuance. (a) Any person desiring an alarm permit shall make application to the Humboldt County Sheriff’s Office, furnishing the following information: (1) Name, address and date of birth of applicant. (2) The name, address, and telephone number of the business or premises where the alarm system will operate. (3) The names and telephone numbers of three (3) or more persons who will respond to the alarm site, if activation occurs, during any hour of the day or night. If the alarm site is a residence, one (1) or more names must be provided. (4) A description of the alarm system, including the manufacturer’s name and the model number.

(5) Schedule for regular maintenance of the alarm system. (6) At the time of application a nonrefundable fee, in such amount as shall be set from time to time in the Humboldt County Schedule of Fees and Charges adopted by the Board of Supervisors, shall be paid to the Humboldt County Sheriff’s Office to cover the cost of investigation of the facts stated in the application and the processing thereof. (b) The designated representative of the Humboldt County Sheriff’s Office shall approve and issue the permit upon finding: (1) The application contains the required information; (2) The alarm system meets the standards prescribed by Section 916-11; (3) That the applicable fees have been paid; and (4) That the alarm system is accessible to the Humboldt County Sheriff’s Deputy(ies). (c) The permit is issued subject to the proper maintenance of operation of the alarms systems. (d) Permits: Change of Information. The permittee shall give written notice to the Humboldt County Sheriff’s Office within five (5) working days of any change in the information provided on the alarm permit application. (e) The permit is good for a period of two (2) years from the date of issuance by the Sheriff’s Office. It is incumbent upon the subscriber to ensure that the permit does not expire, and that the renewal application questionnaire is completed and returned to the Office of the Humboldt County Sheriff in a timely fashion. (Ord. 1932, § 1, 4/30/1991; Ord. 1966, § 5, 4/7/1992; Ord. 2672, Att. 1, 3/23/2021) 916-6. Permit Nontransferable. The permit shall not be transferable and shall terminate when there is a change of alarm user, change of location, or upon revocation or suspension. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-7. Permit Revocation. (a) An alarm permit shall be revoked by recommendation of the Humboldt County Sheriff’s Office for any of the following reasons: (1) False representations were made upon the permit application; or (2) Alarm system emits excessive false alarms, deeming the system an immediate safety hazard as prescribed by this chapter; or (3) Failure to observe any of the regulations or provisions of this chapter.

(b) Notice and Effective Dates. A written notice of revocation, setting the reason for the action, shall be mailed by certified mail giving the permittee ten (10) working days from the mailing date to disconnect or remove the alarm from the premises. Any person failing to disconnect the alarm system when required by this chapter shall be punished as set forth in Section 916-13. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-8. Permit Revocation - Appeals. (a) Revocation of alarm system permit may be appealed to the Board of Supervisors or designated representative. The permittee may submit a written statement, setting forth the reasons why the permit should not be revoked, to the office of the Board of Supervisors not more than ten (10) working days from the mailing date of the notice of revocation. (b) The alarm user may continue to operate the alarm system during the appeal process, unless required by the Board of Supervisors or designated representative upon recommendation from the Humboldt County Sheriff’s Office to disconnect the alarm system. (c) The decision of the Board of Supervisors or designated representative with respect to this section will be final and conclusive. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-9. Permit Reinstatement. Following the revocation of the alarm permit, the permit may be reinstated upon recommendation of the Humboldt County Sheriff’s Office when: (a) The cause for the revocation has been corrected; and (b) The permittee pays a permit reinstatement fee to the Humboldt County Sheriff’s Office, for the amount set in the Humboldt County Schedule of Fees and Charges. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-10. False Alarms. (a) It shall be unlawful for any person to use, operate, or maintain an alarm system within the unincorporated area of the County of Humboldt that emits excessive false alarms. (b) It shall be unlawful for any person who operates, manages, maintains, or uses the premises on which an alarm system is located to permit the alarm system to emit excessive false alarms. (c) The number of false alarms to be considered “excessive” as described in subsections (a) and (b) of this section is any false alarm in excess of six (6) false alarms within any six (6) month period shall be deemed an “excessive false alarm.” Any alarm system, either silent or audible, that emits more than six (6) false alarms within any six (6)

month period shall be deemed an “immediate safety hazard” and by recommendation of the Humboldt County Sheriff’s Office the alarm permit shall be revoked. (d) Whenever any alarm activation occurs because of apparent or suspected alarm malfunction, the alarm user shall arrange for an alarm system inspection by a licensed alarm business. (e) The Humboldt County Sheriff’s Office may require an alarm user’s permit holder to submit a report within ten (10) days of request, describing the action taken to discover and eliminate the cause or causes of false alarms. Failure to submit such a report within ten (10) days of request shall be cause for revocation of the permit. If the alarm system is not repaired satisfactorily in the opinion of the Humboldt County Sheriff’s Office or its agent, then the Humboldt County Sheriff’s Office may order deactivation of the permit holder’s alarm system until the alarm system is properly repaired. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-11. Alarm Standards. It shall be unlawful for any person to sell, install, or operate any alarm system for use within the unincorporated areas of the County of Humboldt which does not meet the minimum standards as prescribed by the following: (a) Audible Alarms. (1) All audible alarm systems shall have a sign or notice posted on or near the system with the name and telephone number of the person responsible for the service and maintenance of the system. The notice shall be conspicuously posted and readable from ground level. (2) All audible alarms shall be equipped with a device that will deactivate the alarm system not more than fifteen (15) minutes after activation. It is unlawful for an alarm user maintaining an audible alarm system to cause, permit, suffer, or allow such system to ring for a period in excess of one (1) hour after notification of the alarm activation or after efforts of notification have been made of such conduct shall constitute grounds for revocation of the permit. In addition, should an alarm fail to be silenced within the time limits prescribed in this section, the Humboldt County Sheriff’s Office shall have the authority to hire an alarm agent to silence the alarm. All costs and expenses incurred by the Humboldt County Sheriff’s Office in hiring an alarm agent to silence the alarm shall be borne by the permittee. (3) Any alarm system which has an automatic shutoff with a rearming phase must be able to distinguish between an open and closed circuit; and, if the circuit is open, will not rearm. (4) No audible alarm shall be installed, maintained or activated which emits the sound of a siren similar to those utilized on emergency vehicles or for civil defense disaster warnings. (b) Alarms. (1) No alarms shall have an Automatic Dialing system that connects directly with the Humboldt County Sheriff’s Office.

(2) All alarm systems shall have a standby back-up power supply which will automatically assume operation of the alarm system should any interruption occur in the power to the system. The transfer of power from the primary source to the back-up source must occur in a manner which does not activate the alarm. Back-up power supply must be capable of at least twelve (12) hours of operation. (3) All silent burglar alarm stems installed after the effective date of this chapter shall have a pre-alert or pre-alarm unit allowing the user to reset the system if activated in error, before the system goes in to full alarm activation. This section does not apply to banks, savings and loans, liquor stores, and other high-risk businesses as determined by the Humboldt County Sheriff’s Office. (c) The Humboldt County Sheriff’s Office reserves the right to inspect all alarm systems after giving forty-eight (48) hours advance warning to the permittee to ensure that alarm standards have been met. (Ord. 1932, § 1, 4/30/ 1991; Ord. 2672, Att. 1, 3/23/2021) 916-12. Alarm Business Registration. (a) It shall be unlawful for any person to engage in, conduct, or carry on any alarm business within the unincorporated areas of the County of Humboldt unless said person has first registered the intention to engage in such alarm business with the Humboldt County Sheriff’s Office, giving said office such information as it may require; and has displayed to said office a current valid license or permit issued by the State of California, where State law requires such a permit or license. (b) Any person engaging in, conducting, or carrying on any alarm business within the unincorporated areas of the County of Humboldt shall notify each alarm owner of the permit, and false alarm process upon the request for installation of an alarm system, and verify said notification in writing which has been signed by the alarm owner. Violation of said requirement shall be considered an infraction, punishable by a fine of fifty dollars ($50.00) for each infraction. (Ord. 1932, § 1, 4/30/1991; Ord. 1966, § 6, 4/7/1992; Ord. 2672, Att. 1, 3/23/2021) 916-13. Penalty for Violation of Permit Process. Any violation of the provisions of this ordinance shall be considered an infraction, punishable by a fine of fifty dollars ($50.00) for the first offense; a fine of one hundred dollars ($100.00) for a second offense; a fine of two hundred dollars ($200.00) for the third offense; and revocation of the permit for the fourth offense. If an alarm user’s permittee fails to pay within thirty (30) days of its billing any charges authorized by this chapter a penalty assessment for thirty (30), sixty (60), or ninety (90) days late payment as set forth in the Humboldt County Schedule of Fees and Charges will be assessed. (Ord. 1932, § 1, 4/30/1991; Ord. 1966, § 6, 4/7/1992; Ord. 2672, Att. 1, 3/23/2021)

916-14. Applicability of Ordinance to Existing Alarm Systems. All alarm systems within the unincorporated area of the County of Humboldt installed prior to the effective date of this chapter shall be brought within standards set forth within sixty (60) days of the effective date of this chapter. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-15. Regulations. The County of Humboldt may, by resolution, adopt such rules and regulations necessary or appropriate to reduce or eliminate false alarms. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-16. Fees. Fees imposed pursuant to this chapter shall be as set forth in the Humboldt County Schedule of Fees and Charges and shall include the categories listed below. (a) Alarm permit fee. (b) Reinstatement fee. (c) Excessive false alarm fee. (d) Late application fee. (e) Renewal fee. If an alarm user’s permittee fails to pay within thirty (30) days of billing any fees authorized by this chapter a penalty assessment shall be added for thirty (30), sixty (60), or ninety (90) days late payment as set forth in the Humboldt County Schedule of Fees and Charges. (Ord. 1932, § 1, 4/30/1991; Ord. 1966, § 6, 4/7/1992; Ord. 2672, Att. 1, 3/23/2021) 916-17. Enforcement. This chapter shall be enforced by the Humboldt County Sheriff’s Office. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021)

916-18. Posting the Permit on Premises. The alarm user’s permit shall be kept on the premises where the alarm system is located. The Humboldt County Sheriff’s Office may instigate requirements of the permit posting. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/ 23/2021) 916-19. Alarms Directly Connected to the Humboldt County Sheriff’s Office. (a) The standards, limitations, installation and maintenance requirement for alarms directly connected to the Humboldt County Sheriff’s Office shall be as prescribed by the Humboldt County Sheriff or their representative. (b) The County of Humboldt is not responsible for operation, maintenance and/or cost of any alarm directly connected to the Sheriff’s Office unless such alarm is for the protection of County owned facilities. (c) The provisions concerning that alarm user’s permit and false alarms apply to all persons having an alarm directly connected to the Humboldt County Sheriff’s Office. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-20. Confidentiality. Information furnished and secured pursuant to this article shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter or for legitimate law enforcement needs. (Ord. 1932, § 1, 4/30/ 1991; Ord. 2672, Att. 1, 3/23/2021) 916-21. Discontinuance of Alarm Response by the Humboldt County Sheriff’s Office. (a) The Humboldt County Sheriff’s Office reserves the right to discontinue response by Sheriff’s Deputy(ies) to any location of a silent or audible alarm, where (1) no permit has been obtained; and (2) the alarm user’s permit has been denied, suspended, or revoked. This non-response policy shall remain in effect until the alarm user has taken steps to eliminate or correct the problem(s) and has documented the correcting action in writing to the Humboldt County Sheriff or their representative, who shall determine whether or not the alarm user’s permit should be reinstated. (b) Any alarm which activates falsely more than three (3) times per twenty-four (24) hour period and is in apparent need of repair, adjustment or correction shall be deemed a nuisance. In order to minimize danger to responding deputy(ies) and to the public during the response of any alarm, the on-duty Sergeant may use their discretion to discontinue additional responses. Any such decision shall be followed up by making the permittee or their alarm agent aware of the decision to discontinue response if possible. The Humboldt County Sheriff, their agent or representative, shall make the contact to relay that decision.

(c) When a permittee or responsible alarm agent thereof an unsecured alarmed premises refuses to respond to the request from a Humboldt County Deputy Sheriff, or other Humboldt County Sheriff’s Office representative, the Humboldt County Sheriff’s Office shall be under no obligation to remain or secure the premises and the permittee’s alarm permit may be subject to suspension or revocation. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-22. Disclaimer of the Humboldt County Sheriff’s Office. (a) Passage of the ordinance codified in this chapter does not in any away constitute an agreement, in fact or implied, that the Humboldt County Sheriff’s Office must respond to an activated alarm, even though an alarm user has fully complied with this chapter. (b) The Humboldt County Sheriff’s Office and the County of Humboldt shall not be liable in any manner whatsoever for any claim, demand or suit for damages arising out of or in any manner occasioned by connection to or use of any alarm system or device or by reason of Humboldt County Sheriff’s Office failure or inability to respond to an alarm. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021) 916-23. Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Board of Supervisors of the County of Humboldt hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Neither the adoption of this chapter nor the repeal thereby of any code section shall in any manner affect the prosecution for violation of code sections, which violations were committed prior to the effective date thereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty, or the Penal Code provisions applicable to any violation thereof, not to affect the validity of any bond or cash deposit in lieu thereof, required or posted, filed or deposited pursuant to any code section and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 1932, § 1, 4/30/1991; Ord. 2672, Att. 1, 3/23/2021)