Martinez Municipal Code Ch. 9.70 Alarm Systems

The purpose of this Chapter is to set forth regulations governing alarm systems both commercial and residential within the City, require licenses therefor, and provide for enforcement of violations of provisions of this Chapter.

This Chapter is not enacted pursuant to the power to license or tax business for revenue purposes. Any fee or charge authorized by this Chapter is for the sole purpose of defraying the cost and expense of investigation of applicants for licensing or registration, processing of applications, issuance of licenses or registrations, and regulation of the activities of the above mentioned alarm systems.

(Ord. 1000 C.S. § 1, 1983)

The following definitions shall apply to this chapter:

A.

"Alarm agent"

means any person employed as an agent or employee by an alarm business or the owner of such business and whose duties include altering, installing, maintenance, moving, repairing, replacing or servicing an alarm system, responding to an alarm system or the sale or leasing of an alarm system to the subscriber.

B.

"Alarm business"

means any business operated by a person or corporation for a profit which engages in the activity of altering, installing, responding to, leasing, maintaining, repairing, replacing, selling, or servicing an alarm system.

C.

"Alarm systems"

means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention.

D.

"Applicant"

means a person who files an application for a new or renewal license or registration as provided in this chapter.

E.

"Audible alarm"

means any alarm system which generates a sound which is designed to be perceptible outside the building wherein such device is installed.

F.

"Automatic dialing system"

means a device which is connected to a telephone line and upon activation of an alarm system, automatically dials a pre-determined telephone number assigned, and transmits a message or signal to Martinez Police Department indicating a need for emergency response.

G.

"Commercial alarm"

means an alarm installed on premises which are primarily used for one or more of the following:

Business providing sales, service or both;

Public agency or non-profit entity or organization providing service to the general public. The term "Commercial Alarm" does not include any alarm installed on premises primarily used for residential purposes.

H.

"Panic alarm"

is a manually activated switch (possibly portable and battery operated) which signals an alarm to the main alarm system and is activated by persons when a crime or personal harm is eminent.

I.

"False alarm"

means the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance, or the negligence of the owner, lessee, or his employees or agents. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes, or other violent uncontrollable acts of nature.

J.

"Police alarm board"

means the alarm receiving center located in the police department communication Section. It receives by direct connection, alarm and trouble signals from those locations that contract with the City for this service. The "Police Alarm Board" is restricted to commercial and business structures only.

K.

"Subscriber"

means any person, business or other entity which owns or is entitled to possession of any premises on which an alarm system has been installed.

L.

"Telephone number"

includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to the primary number(s) when the number(s) are in use.

(Ord. 1000 C.S. § 1, 1983)

It is unlawful for any person to use, install, or cause to be installed, an alarm system on any premises without registering that alarm system with the Police Department at least twenty-four (24) hours before the system is activated.

Alarm systems installed in emergency situations for temporary use not to exceed thirty (30) days may be registered at any time prior to activation. Alarm systems installed prior to the enactment of this ordinance shall have fifteen (15) days in which to register their alarm system after notification of the registration requirement by the Police Department.

Failure to register any alarm system as set forth in these requirements can be grounds for violation and penalty as described in this chapter.

(Ord. 1000 C.S. § 1, 1983)

The subscriber or alarm business acting on behalf of the subscriber shall provide in writing, on a form prescribed by the Police Department, the following information required for compliance of the alarm system requirements:

A. The name, address and telephone number of the alarm subscriber.

B. Name, address and telephone number of the alarm business installing the alarm (if known).

(Ord. 1000 C.S. § 1, 1983)

No alarm system shall be installed or used which emits a sound which is similar to that of an emergency vehicle siren or civil defense waning system. The Chief of Police or his representative shall make final determination in regard to any question about the sound emitted from an audible alarm.

(Ord. 1000 C.S. § 1, 1983)

Any new alarm system installed in a commercial business shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of the normal utility electric service will not activate the alarm system. The power supply must be capable of at least four (4) hours of operation.

Alarm systems installed in commercial businesses prior to the enactment of this ordinance shall have six (6) months to comply with this requirement.

(Ord. 1000 C.S. § 1, 1983)

No person shall use or operate, cause to be used or operated, arrange, adjust, program, or otherwise provide or install any device or combination of devices, including alarm systems that will, upon activation, either mechanically, electrically, automatically, or by any other means initiate the intrastate calling, dialing, or connection to any telephone number, line, or instrument assigned to the City or Police Department, without prior written consent from the City or the Chief of Police.

(Ord. 1000 C.S. § 1, 1983)

The Police Department may withdraw its consent by written notice to the person to whom consent was given and such person shall have the service(s) disconnected within seven (7) days of receipt of the notice to withdraw.

(Ord. 1000 C.S. § 1, 1983)

The Chief of Police may assign a specific number(s) for connection from the automatic dialing device to the Police Department. Only the specific number(s) assigned shall be allowed; any other telephone number receiving an alarm shall be considered a violation of this Chapter. An annual fee shall be required of subscribers using automatic dialing systems.

(Ord. 1000 C.S. § 1, 1983)

All alarms terminating at the Martinez Police alarm board will be subject to the approval of the Chief of Police.

The Chief may designate a specific alarm system business to regulate the alarms terminating at the Communication Center to insure consistency of equipment and procedures.

(Ord. 1000 C.S. § 1, 1983)

Any subscriber or person who maintains or has an alarm connected to the Police Alarm Board or who has an alarm system which requires police response created by any signal, message or alarm and transmitted to emergency units and which proves to be a false alarm, shall pay a false alarm service assessment fee to the City as follows:

The maximum number of allowable false alarms reported shall be no more than two (2) in any thirty (30) day period with a maximum allowable of no more than eight (8) in a twelve (12) month period.

Any number of false alarms in a twenty-four (24) hour period shall be deemed as one (1) false alarm for purposes of this Section.

The Chief of Police shall notify in writing any subscriber that has exceeded the number of allowable false alarms in a thirty (30) day period. False alarms shall result in a service assessment fee, in accordance with the current City fee schedule.

A new alarm system or owner may be given a thirty (30) day grace period for the purposes of training of parties responsible for the alarm and testing of their new equipment.

(Ord. 1000 C.S. § 1, 1983)

The Chief of Police may designate that a subscriber's alarm is an alarm warranting a "non-response" by emergency units.

The Chief of Police may establish a non-response status in lieu of the service assessment fee. This non-response status will be based on any of the following:

A. Improper training of personnel at the location of the alarm system, improper maintenance of the alarm system resulting in an excess number of false alarms as set forth in this Chapter;

B. Failure to pay prescribed fees;

C. Failure of responsible individuals to respond to the location of an errant alarm for maintenance repair;

D. The alarm system has been activated for reasons or offenses other than probable burglaries or robberies;

E. Failure to comply with any other provisions of this Chapter.

(Ord. 1000 C.S. § 1, 1983)

The Chief of Police shall notify in writing to any subscriber who is deemed subject to the non-response status that five (5) days after receipt of notification, emergency units will no longer respond to the alarm system.

(Ord. 1000 C.S. § 1, 1983)

The City shall be under no duty or obligation to subscribers or any other person by reason of any provision of this Chapter or privileges of a subscriber hereunder, including, but not limited to, any defects in the Police Alarm Board or any delays in transmission or response to any alarm.

(Ord. 1000 C.S. § 1, 1983)

Any subscriber, alarm agent, or alarm business, aggrieved by the action of the Chief of Police in denial, revocation, change of response, or service assessment fees, may file a written appeal to the City Manager within thirty (30) days of notification of denial, revocation, or change of status of emergency unit response as notified by the Chief of Police.

The City Manager shall either deny or concur with the appeal within thirty (30) days and shall so advise the applicant in writing within that time period. The City Manager may authorize the continuance of police response during the appeal process.

A subscriber, alarm agent or alarm business, filing an appeal with the City Manager and receiving authorization for continued response during the appeal time period, shall agree to pay the service assessment fee for each false alarm during the appeal period.

The City Council shall have the final decision on all appeals providing the aggrieved party has filed a notice of appeal after denial by the City Manager, within 10 days.

(Ord. 1000 C.S. § 1, 1983)

The City may withhold the annual business license of any business until the complete payment of any false alarm service assessments are made in full.

The City is authorized to collect and sue any parties who have failed to pay any false alarm service assessments or comply with the provisions of this Chapter.

(Ord. 1000 C.S. § 1, 1983)

If any Section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article or any part thereof is, for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more of these Sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

(Ord. 1000 C.S. § 1, 1983)

A. Any violation of this Chapter shall be considered an infraction.

B. Violations of this Chapter are misdemeanors if a defendant has been convicted of 3 or more violations of this Chapter within a 12 month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed a conviction of the offense charged.

C. Any violation of this Chapter shall constitute a public nuisance. In addition to any other remedies provided in this Chapter, the City may summarily abate and bring civil suit to enjoin or abate the violation.

D. Each day that a violation of this Chapter is committed or continues, is a separate offense and is punishable as a distinct and separate offense.

(Ord. 1000 C.S. § 1, 1983)