Chapter 9.07 — EMERGENCY ALARMS

The city council finds and declares that:

• A. Emergency responses to false alarms detract from the ability of the Jackson police department to respond to bona fide emergencies and other calls for assistance.

• B. Repeated activation of false emergency alarms creates a public nuisance by unnecessarily disturbing the peace of surrounding citizens.

• C. Responses to false emergency alarms creates a safety hazard for police officers, and for the public in general.

• D. Provisions of this chapter are needed to regulate the installation, maintenance and operation of alarm systems and to reduce the number of false emergency alarms received by the city.

• (Ord. 581, 1996)

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

"Alarm business" means any person, firm, partnership, corporation, or other association conducting or engaged in the business of selling, leasing, installing, repairing, maintaining, servicing or monitoring any alarm system within the city. Any representative or employee of any such business.

"Alarm system" means any mechanical or electrical device, or combination of devices, which when activated transmits, relays or emits any signal intended to summon, or that could reasonably be expected to summon, a response from the Jackson police department.

"Automatic dialing device" means any alarm system or component which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation which the alarm system is designed to detect.

"Designated authority" means the chief of police, or any employee of the Jackson police department designated by the chief of police to oversee the alarm permit process.

"False alarm" means any alarm signal, either silent or audible, originating from any alarm system and causing a response from the Jackson police department, where the emergency situation the alarm system was designed to detect does not exist.

False alarm includes any alarm signal caused by the negligence of the subscriber or by any malfunction of the alarm system.

False alarms do not include any alarm signal resulting from violent acts of nature or abnormal natural conditions, such as high winds, earthquakes, floods, fires, or similar disasters.

"Subscriber" means any person, firm, partnership or corporation owning or operating the property or premises where an alarm system is installed, or who causes the installation of such alarm system. Includes any employee, representative, agent, or other person authorized to operate such alarm. (Ord. 581, 1996)

The provisions of this chapter shall not apply to any of the following:

• A. Any person or business who engages solely in the manufacture or sale of alarm system components from a fixed location and who is involved in neither the design nor the installation of such system;

• B. Any alarm installed on a vehicle, unless the vehicle is permanently located at a site;

• C. Any alarm which, by design, only alerts the occupants of residence or business premises;

• D. Any alarm system installed on a temporary basis by the Jackson police department. (Ord. 581, 1996)

• A. All alarm systems shall meet or exceed minimum standards as may be established by the city council by resolution. Any alarm system in existence on the effective date of such resolution shall be made to comply with minimum standards within one year of the effective date of the resolution.

• B. The chief of police may require inspection and approval of all alarm systems prior to installation.

• C. All alarm systems shall be supplied with an uninterrupted power supply in such a manner that failure or interruption of the normal electrical utility service will not activate the alarm system. The power supply shall be capable of operating the alarm system for a minimum four-hour period.

• D. Every alarm system permit, or a copy thereof, shall be kept on the premises where the alarm is installed.

• E. All audible alarm systems shall be equipped with a device which deactivates the alarm within fifteen minutes of the initial activation. Employees of the Jackson police department shall have the authority to take such steps as may be reasonable and necessary to disconnect any alarm not in compliance with this section.

• F. No alarm system shall be installed or used which emits a sound that is similar to that of an emergency vehicle siren or civil defense warning system.

• G. No alarm system shall be equipped with an automatic dialing device programmed to dial 9-1-1 or any emergency or nonemergency telephone number of the Jackson police department or the city.

• H. No subscriber shall cause any alarm system to be activated for any purpose other than reporting of the emergency situation which the alarm system was designed to detect or to report the existence of an immediate life-threatening situation. Violation of this section shall be a misdemeanor pursuant to Penal Code Section 148.3.

• I. A subscriber or alarm business may activate an alarm system for purposes of testing, service or maintenance, providing that the Jackson police department is notified prior to such activation. Such activation shall not constitute a false alarm when prior notice has been given.

• J. When any false alarm is caused by a malfunction of the alarm system, the subscriber shall cause the alarm system to be repaired, to eliminate the malfunction, before the alarm is again put into service.

• K. The subscriber shall at all times be responsible for the proper maintenance and repair of the alarm system. The subscriber shall be responsible to instruct all persons having access to the premises in the proper use and operation of the alarm system, and the prevention of false alarms.

• (Ord. 581, 1996)

• A. Except as otherwise provided herein, it is unlawful for any person or subscriber to connect or operate, or cause to be connected or operated, any alarm system, unless the subscriber has first obtained an alarm permit from the Jackson police department. Permits shall be on a form as determined by the chief of police and shall contain the following information:

  1. The location of the premises, type of premises, and business name (if applicable);

  2. The type of alarm: silent or audible; business or residential; burglary, robbery, or panic;

  3. Name, address, and telephone number of the subscriber (and work telephone, if applicable);

  4. Name, address, and telephone number of at least two persons who can respond at any time to open or secure the premises or to operate the alarm system;

  5. Name, address, and telephone number of the alarm business responsible for maintaining and/or repairing the alarm system;

  6. Other information as may be reasonably required by the chief of police.

• B. Every application for an alarm system permit shall be accompanied by a nonrefundable fee in an amount set by resolution of the city council. This fee shall be in addition to any other fee imposed by the city and is imposed for the purpose of defraying the costs of processing and overseeing the permit process.

• C. The information contained in an alarm system permit application shall be confidential and shall not be disclosed to other than city employees or other public officials who require such information in the performance of their duties.

• D. Whenever any change occurs in the information contained on the permit application, the subscriber shall give written notice thereof to the Jackson police department within ten days after such change.

• E. Each alarm permit issued shall be valid until suspended, revoked, or until there is a significant change in subscriber information.

• F. Each subscriber shall place the alarm permit sticker in a conspicuous and clearly visible location on a front door or window of the alarm premises so that responding officers may identify the alarm permit and/or the permit holder.

(Ord. 581, 1996)

• A. The chief of police, or his/her designee, may conduct an investigation concerning each permit application prior to the issuance of a permit. The designated authority shall issue the permit within thirty days of the date of application, unless one of the conditions in subsection B of this section applies.

• B. An alarm permit may be denied for any of the following reasons:

  1. If the alarm system does not comply with regulations as set forth in this chapter;

  2. If the applicant has failed to pay the required fees;

  3. If the application contains any misrepresentation of fact;

  4. If the designated authority determines that the alarm system, due to the nature of its construction or installation, constitutes an unreasonable hazard to responding public safety officers;

  5. If a previously issued permit for the same alarm system and/or subscriber has been suspended or permanently revoked.

• C. In the event an alarm permit is denied, the applicant shall be given written notification as to the specific reason for the denial. The applicant may reapply, without additional fee, after the deficiencies have been corrected.

• D. In the event an alarm permit is denied, the applicant shall have the right to appeal the decision pursuant to Section 9.07.100.

• (Ord. 581, 1996)

• A. When grounds as hereafter provided exist, the designated authority may determine to suspend a permit. Suspensions of a permit shall be for a maximum of three hundred sixtyfive calendar days. Use of an alarm system during the term of a suspension shall be a violation of this chapter. The following shall constitute grounds for suspension of an alarm permit:

  1. The violation of any provision of this chapter;

  2. A false statement on the permit application;

  3. Assessment of three or more false alarm service fees within any consecutive twelvemonth period;

  4. Failure to pay any false alarm service fee;

  5. Failure to pay any fine assessed by a court of competent jurisdiction for any violation of this chapter;

  6. Failure of a subscriber to repair, or cause to be repaired, any malfunctioning alarm system.

• B. An alarm permit may be permanently revoked by the designated authority for any of the following reasons:

  1. If the permit has been previously suspended on three or more occasions;

  2. If, upon notification of suspension and order of disconnection of the alarm system, the subscriber fails or refuses to disconnect the alarm system and continues to operate the alarm system in violation of subsection A of this section.

• C. Prior to any suspension or revocation taking effect, the subscriber shall be notified in writing, delivered by certified/registered mail to the most recent address contained on the permit, of the intent to suspend or revoke the permit, the specific reasons for the proposed action, the effective date of the action, and the subscriber's right to appeal the decision pursuant to Section 9.07.100.

• D. Upon the suspension of any alarm permit, such permit shall not be reinstated until all outstanding fees have been paid and the subscriber has supplied written documentation that mechanical repairs and/or personnel training have been completed to insure against future false alarms.

• (Ord. 581, 1996)

• A. In the event an alarm system produces a false alarm, the subscriber shall be assessed a service fee set by resolution. All service fees are payable within thirty days of the date of assessment to the city.

• B. Upon assessment of a service fee, the subscriber shall be notified in writing, delivered by certified/registered mail, of the assessment of the fee, the dates and times of the involved false alarms, and the subscriber's right to appeal the fee pursuant to Section 9.07.100. The date of the assessment shall be considered to be the date on which the written notice is mailed.

• (Ord. 581, 1996)

• A. Except where punishment is otherwise provided in this chapter, any person, subscriber, or alarm business violating any provision of this chapter shall be deemed guilty of an infraction punishable by:

  1. A fine not exceeding one hundred dollars for the first violation;

  2. A fine not exceeding two hundred dollars for a second violation occurring within one year;

  3. A fine not exceeding five hundred dollars for a third and subsequent violation occurring within one year.

• B. The chief of police is empowered, pursuant to Sections 36900 and 36901 of the Government Code, to seek recovery of all fines and/or false alarm service fees through civil action in small claims court.

• C. Disconnection of Alarms. The chief of police is empowered to order and take such steps as are reasonable and necessary to cause the disconnection of any alarm system under the following conditions:

  1. When a subscriber fails to pay any fine or service fee as imposed under this chapter;

  2. When a subscriber fails to cause the repair of a malfunctioning alarm;

  3. When a subscriber continues to use any alarm system while the permit for that system is suspended or revoked.

• D. The chief of police may discontinue a response by police officers to any alarm system or location when the permit for that alarm system has been suspended or when any of the conditions in subsection C of this section apply.

• E. Enforcement of the provisions of this chapter (except Section 9.07.080, Service fees) shall be suspended for a period of one year from the effective date of the ordinance codified in this chapter. During that period, all persons owning or operating alarm systems within the city shall be notified of any violations of this chapter and shall be given the opportunity to correct such violation.

• (Ord. 581, 1996)

• A. Prior to the suspension, revocation, denial, assessment of any service fee, or discontinuance of response, or any other action against an alarm permit, the designated authority shall notify the subscriber in writing of the proposed action, the effective date of the proposed action, the subscriber's circumstances causing the proposed action to be taken, the subscriber's right to appeal the action, and the date by which any appeal must be filed.

• B. Notification shall be sent via certified/registered mail to the most recent address listed by the subscriber on the alarm permit. Service shall be considered complete when written notice has been mailed.

• C. The subscriber may appeal any proposed action by filing with the police department a written request for an appeal hearing. Such written request must be filed within fifteen days of the date of service of a proposed action. If the subscriber fails to file a request for hearing in the time and manner prescribed above, the right to an appeal hearing shall be deemed to have been waived, and the designated authority may proceed with the proposed action.

• D. Upon receipt of a request for appeal hearing, the designated authority shall take no further action until a hearing has been held pursuant to this section. Upon receiving a request for hearing, the designated authority shall schedule a hearing. The subscriber shall be served written notice, via first class mail, of the time and place of the hearing. Service shall be made at least ten calendar days prior to the date of the hearing.

• E. An official designated by the city manager, shall act as the hearing officer. The hearing shall be held informally. The subscriber may appear, present evidence and/or witnesses, and examine or cross-examine witnesses. The designated authority shall carry the burden of proof that grounds exist for the proposed action.

• F. For good cause, the hearing may be continued upon the request of the subscriber or the designated authority. In the event the subscriber fails to appear at the hearing, the hearing shall be conducted in the absence of the subscriber, and the hearing officer shall make a decision based on the evidence presented at the hearing.

• G. The hearing officer shall issue a written decision of his or her findings within fifteen calendar days of the hearing date. The decision of the hearing officer shall be final.

• (Ord. 581, 1996)

The provisions of this chapter are not intended nor shall they be construed to create a special relationship between the city and any subscriber so as to create a duty on the part of the Jackson police department to respond to any alarm. Neither shall the provisions of this chapter be construed as a waiver of any immunity provided government agencies for tort liability contained in the California Government Code.

(Ord. 581, 1996)