Mendocino County Municipal Code Ch. 8.60 Response Alarm Systems

Numerous false alarms have created a danger to public safety and a burden on law enforcement services. It is the purpose of this ordinance to regulate false and nuisance alarm use in unincorporated areas of Mendocino County.

(Ord. No. 3274, adopted 1979)

(Ord. No. 4221, 5-5-09)

For the purposes 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.

1. ALARM SYSTEM shall mean any device designed for the detection of an unauthorized entry on or into any building, place or premises, or of the commission of an unlawful act, which when activated emits a sound or transmits a signal or message, and which directly or indirectly, initiates or causes a response by the Sheriff.

2. AUDIBLE ALARM shall mean that type of alarm system which, when activated, emits an audible sound.

3. FALSE ALARM shall mean an alarm signal activated through alarm user negligence or error for reasons not of an emergency nature, or when activated due to malfunction of any segment of the response alarm system, and which results in a response by a public safety agency where an emergency situation does not exist.

4. SHERIFF shall mean the Sheriff of Mendocino County, or his authorized deputy.

5. PERSON shall mean any person, firm, partnership, trust, estates, association, corporation or organization of any kind, including schools and other government entities.

6. ALARM USER shall mean any person who operates or uses or causes or allows to be operated or used, any alarm system in any building, place, or premises.

7. ALARM BUSINESS shall mean any business which is engaged in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any response alarm system in any building, place, or premises.

8. ALARM AGENT shall mean any person who is hired by an alarm business as an agent or employee to sell, lease, maintain, service, repair, alter, replace, remove or install any response alarm system in or on any building, place, or premises.

(Ord. No. 3274, adopted 1979)

(Ord. No. 4221, 5-5-09)

No alarm user shall activate any new alarm system installed after the effective date of this ordinance, in any unincorporated area of Mendocino County, without registering that alarm system with the Sheriff at least 24 hours before the system is activated. Alarm systems installed in emergency situations for temporary use not to exceed thirty days may be registered at any time prior to activation.

The alarm user who registers the alarm system shall provide the following information to the Sheriff in writing:

1. The name, address and telephone number of the response alarm system user.

2. Name, address and telephone number of the alarm business installing the alarm (if any).

3. A description of the premises or area protected by the response alarm system including the location of doors, windows and areas protected by the alarm system within the premises.

4. A list of phone numbers and addresses of all people responsible for security of the premises, who have authorized access to the premises and to the alarm system controls.

5. The name, address and telephone number of the place of business where the alarm terminates.

The alarm user shall notify the Sheriff in writing within ten (10) days of any changes in registration information.

Alarm users of alarm systems installed prior to the enactment of this ordinance which are not registered with the Sheriff, shall have ten (10) days in which to register their alarm system after notification of the registration requirement by the Sheriff.

Failure of any alarm user to register any alarm system as set forth herein shall also be grounds for non-response by the Sheriff to any signal from that alarm system, until the alarm system is registered.

(Ord. No. 3274, adopted 1979)

Public safety and safety of peace officers require that any alarm system causing false alarms be corrected immediately.

After the first false alarm response in any calendar month, the Sheriff may notify the alarm system user of the violation and consequences of action by the Sheriff as set forth in this ordinance. That notification by the Sheriff may require written proof be furnished to the Sheriff within ten (10) days by the alarm user that the problem causing the false alarms has been corrected.

Failure to provide proof of correction within that ten day period may be grounds, at the discretion of the Sheriff, for non-response to a signal from that alarm system until proof of correction is received from the alarm user.

The second false alarm in a calendar month, or the third false alarm in a calendar quarter and subsequent false alarms in that month or quarter shall be cause for the County of Mendocino to bill the alarm user for the costs incurred by the Sheriff responding to that false alarm. The amount of those costs billed shall be $150.00 (one hundred fifty-dollars) per false alarm. Failure to pay may be grounds for non-response to that alarm by the Sheriff.

After the fourth false alarm response to an alarm system by the Sheriff in a calendar quarter, the Sheriff will notify in writing the alarm user to show cause why response to the response alarm system causing the nuisance false alarms should not be terminated. The Sheriff shall make the determination whether or not response shall be terminated.

If response to an alarm is terminated, it shall be for a period not to exceed sixty (60) days from the date the alarm user is notified of non-response by the Sheriff, or until satisfactory proof of correction of the problem causing the false alarms is furnished to the Sheriff, whichever is shorter.

In any case where the Sheriff terminates response to an alarm system under this ordinance, the alarm user shall be notified of the termination prior to the actual termination of response.

For the purposes of this ordinance, any number of false alarms in a time period from 12:00 p.m. of one day to 12:00 p.m. of the following day shall be considered one (1) false alarm.

In any case where response to an alarm system is terminated, it will be the responsibility of the alarm user to apply to the Sheriff at the end of the non-response period for response to that alarm system.

(Ord. No. 3274, adopted 1979)

No person shall install an audible alarm system without a mechanical electronic or other device which will shut off the audible sound of the alarm after a period of not more than thirty (30) minutes.

Any audible alarm system installed prior to enactment of this ordinance shall be modified to include automatic shut-off of the audible sound of the alarm as described in this section, within thirty (30) days after the alarm user is notified to do so by the Sheriff.

(Ord. No. 3274, adopted 1979)

Any Alarm System with termination or notification equipment installed in the Sheriff's Department offices where that equipment is monitored by Sheriff's Office personnel shall be subject to an annual fee of $60.00 (sixty dollars) for that service. That fee will be payable in January of each calendar year, beginning in January, 1980.

(Ord. No. 3274, adopted 1979)

No person shall by means of any mechanical device call and deliver a recorded message to any telephone number used by the Mendocino County Sheriff's department. A person shall be deemed guilty of a separate offense for each call made in violation of this section.

Any alarm agent, as defined in this chapter, shall register with the Sheriff prior to acting as an alarm agent. Registration shall be on a form provided by the Sheriff, and shall contain such information as he shall require, for the purpose of confirming that alarm agent's identity and conformance with the requirements of the Business and Professions Code pursuant to Section 7523(c) of that code.

(Ord. No. 3274, adopted 1979)

The Tax Collector shall not issue a business license for any alarm business, as described in Section 8.60.020 of the Mendocino County Code who does not possess a current and valid Mendocino County Alarm Business Registration Certificate issued by the Sheriff.

(Ord. No. 3274, adopted 1979)

An alarm business owner or manager shall obtain an Alarm Business Registration Certificate from the Sheriff at his office, Ukiah, California. The certificate shall be on a form provided by the Sheriff and shall contain such information as he shall require for the purpose of confirming that the alarm company holds the licenses and permits required by the Business and Professions Code. No fee shall be charged for this registration.

(Ord. No. 3274, adopted 1979)

The violation of any provisions of Sections 8.60.050, 8.60.070, and 8.60.080, shall constitute an infraction.

(Ord. No. 3274, adopted 1979, as amended by Ord. No. 3583, adopted 1985)