Mendota Municipal Code Ch. 8.32 Alarm System

Footnotes:

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Editor's note— Ord. No. 21-10, § 2, adopted May 25, 2021, repealed the former ch. 8.32, §§ 8.32.010—8.32.110, and enacted a new ch. 8.32 as set out herein. The former ch. 8.32 pertained to similar subject matter and derived from Ord. 92-03 § 1 (part), adopted 1992.

The city council finds and declares that:

A. The frequency of falsely activated or defective security alarm systems have resulted in a critical drain upon the services and resources of law enforcement personnel; and

B. The regulation of security alarm systems will improve the optimum use of law enforcement personnel in the detection and prevention of crime in the city, rather than in responding to false and erroneous alarms

(Ord. No. 21-10, § 2, 5-25-2021)

The following words used in this chapter shall have the meanings ascribed to them as defined in this section:

"Alarm agent" means a person employed by an alarm company operator whose duties include altering, installing, maintaining, moving, repairing, replacing or servicing an alarm system.

"Alarm company operator" means and includes any business operated for any consideration whatsoever, engaged in the installation, maintenance, alteration or servicing of alarm systems or which responds to alarm systems. "Alarm company operator" does not include a business which only sells from a fixed location or only manufactures alarm systems, unless such business also services, installs, monitors or responds to alarm systems at the protected premises.

"Alarm system" means any assembly of equipment and devices arranged to signal the presence of a hazard and which is intended to evoke a response from law enforcement agencies. The term "alarm system" includes:

1. Audible Alarm System. An "audible alarm system" means an alarm system which emits a sound which can be heard by persons outside the building, structure or facility which is protected by such alarm system.

2. Inaudible or Silent Alarm System. An "inaudible or silent alarm system" means an alarm which transmits a message or signal to another location which is intended to evoke a response from law enforcement agencies.

3. Burglar Alarm System. "Burglar alarm system" means an audible or silent alarm system signaling the entry or attempted entry into an area protected by the system.

4. Direct Dial Device Alarm System. A "direct dial device alarm system" means an alarm system used with a device which is connected to a telephone line, and upon activation of the alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency service.

5. Disturbance Alarm System. "Disturbance alarm system" means an alarm system signaling the existence of an act amounting to a breach of the public peace at the time of alarm activation.

6. Monitored perimeter security fence system. "Monitored perimeter security fence system" means a perimeter alarm system with an assembly of battery-powered equipment, including but not limited to: a monitored alarm device and energizer that is intended to periodically deliver pulses to the security fence, a battery charging device used exclusively to charge the system's battery, and other integrated components. The monitored perimeter security fence system transmits a signal intended to common the business and/or and alarm monitoring business in response to an intrusion or burglary.

7. Proprietary Alarm System. "Proprietary alarm system" means an alarm system sounding or recording alarm and supervisory signals at a control center under the supervision of the proprietor of the protected premises.

8. Robbery Alarm System. "Robbery alarm system" means an alarm system signaling a robbery or attempted robbery in an area protected by the system.

The following are not included within the meaning of "alarm systems," as used in this chapter:

1. Audible alarms affix to motor vehicles, boats, trailers, recreational vehicles, and other mobile units;

2. Alarm systems which do not alert law enforcement agencies or persons outside the protected building, structure or facility; but are designed solely to alert security personnel or others directly connected with or employed by the owner or operator of the protected location;

3. Fire alarm systems.

"Alarm user" means any person who owns, leases, rents or otherwise controls the installation, maintenance or use of an alarm system in any manner in any building, structure or facility wherein an alarm system is maintained within the city.

"False alarm" means the activation of an alarm system by causes other than the commission or attempted commission of an unlawful act which the alarm system was designed to detect. An alarm system activated by an act of nature or by extraordinary circumstances beyond the control of the alarm user, does not constitute a false alarm.

(Ord. No. 21-10, § 2, 5-25-2021)

Alarm agents in the city shall register their name and file a copy of their State Identification Card with the police chief.

(Ord. No. 21-10, § 2, 5-25-2021)

Every alarm company operator or agent performing activities as an alarm company operator or agent within the city shall maintain a complete list of the names and addresses of all persons to whom alarm systems have been sold, or for whom service contracts have been executed, for all sales or contracts made after January 1, 1992. Such records shall be open for inspection during regular business hours to duly authorized law enforcement personnel , for the purpose of enforcement of this chapter. Records shall be maintained for a period of three years from the date of sale or commencement of the service contract.

(Ord. No. 21-10, § 2, 5-25-2021)

Every commercial or residential alarm user who uses an audible alarm system shall post a notice containing the following:

A. The name and telephone number of an alarm business which has agreed in writing to render repairs or service and to secure the premises during any hour of the day or night that the burglar or other alarm system is activated; or

B. The names and telephone numbers of at least two persons to respond to the location upon request by law enforcement personnel . Such notice shall be posted in such a manner and in such a location as to be legible to responding law enforcement personnel.

(Ord. No. 21-10, § 2, 5-25-2021)

The following acts are prohibited with respect to the use of alarm systems, and are unlawful:

A. For any person to report, by means of activating an alarm system, to any law enforcement personnel , any city officer or employee, or persons contracting with the city to provide emergency services, that an emergency exists, knowing that such report is false. The term "emergency" means any condition which results in or which is likely to result in an immediate response by law enforcement personnel, any city officer or employee, or persons contracting with the city to provide emergency services, such as ambulance services; or any condition which jeopardizes or is likely to jeopardize public safety and results in or is likely to result in the evacuation of any area, building, structure, vehicle or any other place which any individual may enter;

B. For any person to possess, install, maintain or activate an audible alarm system which, when activated, emits a sound similar to that of an emergency vehicle siren or a civil defense warning system. Possession or activation of such an audible alarm system is declared to a public nuisance and may be abated as provided in Section 8.32.080; or

C. For any person to utilize or otherwise employ a direct dial device alarm system which automatically dials any telephone number at any law enforcement office.

(Ord. No. 21-10, § 2, 5-25-2021)

The city council declares and finds that three or more false alarms within a thirty-day period, five or more false alarms within a ninety-day period or seven or more false alarms within a one hundred eighty (180) day period, whichever occurs earliest, shall constitute a public nuisance and a hazard to the health, safety, public peace and welfare of the residents of the city for the following reasons:

A. The ability of law enforcement to respond to actual crimes is diminished by false alarms;

B. Law enforcement personnel and equipment and innocent citizens may be harmed or injured, and run the risk thereof, as the result of law enforcement responding to alarms activated to evoke emergency response from law enforcement personnel; and

C. Audible alarms disturb the peace and tranquility of urban and suburban neighborhoods.

(Ord. No. 21-10, § 2, 5-25-2021)

Public nuisances as defined in subsection B of Section 8.32.060 and Section 8.32.070 may be abated as provided in Section 3491 of the Civil Code and Section 731 of the Code of Civil Procedure. In addition, the police chief may summarily abate audible false alarms where:

A. Immediately necessary to protect the health, safety, public peace and welfare of the residents within the city;

B. After taking reasonable measures to contact any responsible party to terminate an audible alarm system; or

C. After the system has continued unabated in excess of one hour or is ascertained to have no automatic shutoff alarm device.

(Ord. No. 21-10, § 2, 5-25-2021)

The cost of abatement of a public nuisance as defined in this code shall be borne by the person or persons responsible for maintaining the nuisance. The cost may be collected and apportioned by levying a special assessment against the parcel of land of the person or persons maintaining or otherwise responsible for maintaining the public nuisance.

(Ord. No. 21-10, § 2, 5-25-2021)

The police chief is designated the chief enforcing officer of this chapter and shall conduct premises inspections as necessary to ensure compliance with this chapter pursuant to the right of entry for such inspections as specified in Code of Civil Procedure Sections 1822.5 et seq.

(Ord. No. 21-10, § 2, 5-25-2021)

A. The construction and use of monitored perimeter security fence systems shall be allowed as provided in this section, subject to the following requirements:

1. IEC standard. Unless otherwise specified herein, monitored perimeter security fence systems shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current edition.

2. Power source. The energizer for monitored perimeter security fence systems must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.

B. Monitoring. The security fence shall interface with a monitored alarm device that enables the monitored perimeter security fence system to transmit a signal intended to summon the business and/or the monitoring service in response to an intrusion or burglary.

1. Perimeter barrier. Monitored perimeter security fence systems shall be installed behind a non-electrified fence or wall.

2. Height. Monitored perimeter security fence systems shall have a maximum height of ten (10) feet, or two feet higher than the perimeter barrier, whichever is higher.

3. Warning signs. Monitored perimeter security fence systems shall be clearly identified with warning signs that read "Warning - Electric Fence" at intervals of not less than thirty (30) feet.

(Ord. No. 21-10, § 2, 5-25-2021)

Any violation of the provisions of this chapter shall constitute an infraction.

(Ord. No. 21-10, § 2, 5-25-2021)