Monterey County Municipal Code Ch. 11.08 Alarms

The County of Monterey hereby finds and determines that the regulation of false alarms is necessary to promote the health, welfare and safety of the people as well as to reduce the loss of tax dollars and manpower used in responding to false alarms. The public is using alarm systems which are not properly operated by their users or which mechanically malfunction. These activations result in an increase in false alarm reports which create a hazard to the safety of peace officers and the public. The intent of this Chapter is to foster cooperation, compliance, and the deterrence of false alarms and unlawfully installed alarm systems.

(Ord. 5029 § 1 (part), 2006)

For the purposes of this Chapter, the following definitions shall apply:

A. "Alarm systems" means any equipment or device, whether known as a burglary, robbery or intrusion alarm, direct dial telephone service, silent or audible alarm or by any other name, which is used for the detection of an unauthorized entry into a building, structure or facility, or to signal the commission of an unlawful act or both, and when activated emits a sound or transmits a signal to indicate that an emergency situation exists, and to which police are expected to respond.

B. "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.

C. "Alarm agent" means any person employed by an alarm business and whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding or monitoring an alarm system in or on any building, place or premise or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision.

D. "Alarm user" means any person using an alarm system at his place of residence or business, whether it be owned, leased or rented and made available for use by his agents, employees, representatives or family.

E. "False alarm" means an alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect.

F. "Audible alarm" means a device designed for the detection of an unauthorized entry on or attempted entry into a premise or a structure or for alerting others of the commission of an unlawful act or both and which, when activated generates an audible sound on the premises.

G. "Silent alarm" means a device designed for the detection of the unauthorized entry on or attempted entry into a premise or structure or for alerting others of the commission of an unlawful act or both, and which when activated, transmits a signal or activates a device at a predesignated place other than the location at which the alarm has been installed.

H. "Direct dial telephone service" or "automatic dialing device" means any device which is connected to a voice grade telephone line and is programmed to select a predetermined telephone number and transmit, by prerecorded message or code signal, an emergency message indicating a need for emergency procedures.

I. "Person" means any individual, partnership, corporation or other entity.

J. "Residential" means any premises used for dwelling purposes and includes apartments and lodging houses.

K. "Commercial" or "business" means any premises used for non-residential purposes.

L. "Disturbance alarms" means a manually activated alarm available only to governmental buildings including courtrooms.

M. "Responsible or responding agent" means a subscriber or his agent, including a state licensed security company, who is required to respond to a scene of an alarm activation to assist a deputy in silencing an alarm or securing the premises when requested to do so by Monterey County Communications or a deputy sheriff.

N. "Administrative assessment" means the civil penalty against the subscriber in the form of a citation, letter or a bill for the misuse or false activations of any alarm.

O. "Activations subject to assessment" means the activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the subscriber or of his employees or agent. Assessment for false alarms shall not include the activation of exempt alarms or the activation of alarms caused by natural weather conditions such as: earthquake, wind, power outage or acts of God.

P. "Alarm application" means an alarm system registration form provided by the Sheriff's Office to any subscriber, alarm business or agent that owns, uses, sells, installs, monitors or maintains any alarm system. The application shall be completed and verified by the applicant.

Q. "Sheriff's office alarm permit" means the document with an assigned permit number issued after the review and approval of an alarm application.

R. "Responding deputy" means any deputy that is dispatched to an alarm activation detail.

S. "Alarm officer" means the Sheriff or his representative.

T. "Panic alarm" means a system which is designed to notify others of an emergency, but which does not identify what type of emergency situation exists at the alarm site. It may be a system which is manually activated from within the residence or business by the occupant.

U. "Robbery alarms" means an electronic or manually activated alarm system installed in any commercial structure and used to summon a deputy to the scene of a robbery or grand theft.

V. "Subscriber" means any person, business or other entity which owns or is entitled to possession of any building, place or premise in which an alarm system has been installed. The subscriber is the person responsible and identified in the application for the alarm permit as the person that is ultimately responsible for the upkeep of the alarm system, for the payment of any and all fees, assessments, and costs and for maintaining a current emergency contact list.

W. "Duress alarm" means an electronic or manually activated alarm signal, as part of the alarm system, installed in a residence or business, that uses a three or more digit code on a key pad to send a signal that the alarm subscriber is under duress to deactivate the alarm system. This type of signal will require a response by a deputy.

(Ord. 5029 § 1 (part), 2006)

It shall be unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on an alarm business within the unincorporated areas of Monterey County without first having registered with the Sheriff's Office as authorized by Business and Professions Code Section 7592.8. However, registration shall not be required for any business which only sells or leases said alarm systems from a fixed location unless such business services, installs, monitors, or responds to alarm systems at the protected premises. These businesses shall not install any alarm system unless the installer or the subscriber possesses a valid Sheriff's Office alarm permit.

Registration shall be accomplished within ninety (90) days from the effective date of this Chapter by furnishing such information as may be required by the Sheriff's Office, including but not limited to the full name of the business, and the name and business address of the manager of operations for the area which includes the County of Monterey and the number of the license issued by the State Director or Consumer Affairs for the alarm business, pursuant to Section 7593.8 of the California Business and Professions Code.

Alarm businesses shall provide to the Sheriff's Office a list of new customers no later than the 10th of January and the 10th of July for the previous six month period.

(Ord. 5029 § 1 (part), 2006)

Any alarm business registered with the Sheriff's Office shall report within five working days to the Sheriff any change of any information requested in the registration form.

(Ord. 5029 § 1 (part), 2006)

Every person working as an alarm agent within the County of Monterey shall carry on his or her person, at all times so engaged, a valid State of California alarm agent's registration card issued pursuant to Business and Professions Code Section 7598.7 and shall display such card upon request to any peace officer.

(Ord. 5029 § 1 (part), 2006)

No person, owner, agent, alarm company or alarm company agent shall install or cause to be installed, use, maintain or possess an alarm system at any residence or on any business premises or building within the unincorporated area of Monterey County without having obtained an alarm user's permit from the Sheriff in accordance with this section. No person shall install or allow the installation of an alarm system that is subject to this Chapter in any property owned, lease, or controlled by that person unless a valid permit for such system has been issued in accordance with this Chapter. In the event that a contractor installs any part of an alarm system as part of a construction project, the contractor shall be responsible for ensuring that a permit is obtained. The application for an alarm user's permit shall be filed with the Sheriff accompanied by an alarm permit fee as set forth in the Monterey County Fee Resolution.

The Sheriff shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application shall include the address of the premises where the system is or shall be located and the name, address and telephone number of the applicant, and the person who will render service or repairs during any hour of the day or night. The application shall also include a statement that the applicant has posted the house number of the premises at the street or roadway next to the driveway of the premises. The subscriber must show that any building or portion thereof serviced by an alarm is capable of being reached by the responding deputy(ies) whether by patrol vehicle or by foot, if no more than two hundred (200) feet from where the patrol vehicle can be parked. If the aforementioned access cannot be made, or 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 without incurring such jeopardy, the alarmed site will be classified as "inaccessible."

The original permit shall be maintained at the Sheriff's Office with copies sent to County Communications, the subscriber, and the permit holder's alarm company.

In the event that an alarm permit application is denied, both the subscriber and alarm company shall receive a copy of the rejected alarm application.

The Sheriff may impose reasonable restrictions and conditions upon issuing the permit to the alarm user. The Sheriff may deny the permit if the alarm system does not comply with this Chapter or the standards adopted under Section 11.08.110 (Alarm system standards) or if the building or portion thereof serviced by the alarm is deemed inaccessible.

(Ord. 5029 § 1 (part), 2006)

No Sheriff's Office alarm application or permit shall be necessary for vehicle burglary alarms, fire alarms, medical alarms, or other types of alarms not requiring a Sheriff's Office response. Said alarms are released from the requirements of having an alarm permit or held to answer in the form of administrative assessments for any false alarm.

(Ord. 5029 § 1 (part), 2006)

If the Sheriff's Office responds to an alarm activation without a subscriber having a current alarm permit on file, the subscriber is subject to a late alarm application fee for the first false alarm activation and shall be subject to normal administrative assessments for the second and subsequent false activations. If an invoice is not paid within thirty (30) days from the date of the invoice, the subscriber shall also be subject to a late fee. The fees for a late alarm application fee/renewal fee and assessments for false alarm activations shall be set forth in the Monterey County Fee Resolution.

(Ord. 5029 § 1 (part), 2006)

The alarm permit is good for a period of one year from the date of issuance by the Sheriff's Office. Renewals shall be handled in the same manner as the original applications for a permit and shall be accompanied by the fee set forth in the Monterey County Fee Resolution.

The Subscriber is responsible for ensuring that the alarm user permit is renewed before it expires. Alarm user permits that have expired and late applications for renewal of alarm user permits shall be subject to fees as set forth in the Monterey County Fee Resolution. Any Sheriff's Office response to an alarm activation of a non-permitted alarm system or a system with an expired permit shall result in a fee assessment to the subscriber.

(Ord. 5029 § 1 (part), 2006)

Whenever any changes occur relating to the written information as may be required in Section 11.08.060, User's permit, the permit holder or his designee shall give written notice of such change to the Sheriff within five working days.

(Ord. 5029 § 1 (part), 2006)

All alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may hereafter be established by resolution of the Board of Supervisors of the County of Monterey. The Sheriff's Office reserves the right to inspect all alarm systems after giving forty-eight (48) hours advance warning to the subscriber to insure these standards have been met and are subject to all applicable laws including Code of Civil Procedure, Section 1822.50 et seq.

(Ord. 5029 § 1 (part), 2006)

A. Automatic Deactivation—Audible Alarms. Audible residential alarms shall be equipped with an automatic shut-off mechanism capable of terminating the audible annunciator after activation within a maximum of fifteen (15) minutes. Audible commercial alarm systems shall be equipped with an automatic shut-off mechanism capable of terminating the audible annunciator within a maximum of thirty (30) minutes. Any instance in which an audible alarm system does not reset within the time periods established in this section or where the Sheriff's Department receives a complaint of the noise shall be deemed a public nuisance and may be summarily abated pursuant to subsection J of this Section. The subscriber, or his agents, upon notification that an audible alarm has been activated shall immediately proceed to silence the audible alarm.

B. Maintenance Notification. The alarm user shall notify Monterey County Communications prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm and after any service, test, repair, maintenance, alteration or installation has been concluded. Any alarm activated where such notice has been given shall not constitute a false alarm. Testing shall be held to the minimum required to insure proper operation of system(s). If the alarm user or subscriber fails to notify Monterey County Communications before the alarm is activated or after the test is concluded, then the subscriber shall be responsible for any administrative assessments that are attributed to the false alarm.

C. Power Supply. Any alarm system which is subject to activation upon failure or interruption of normal electricity shall be equipped with an uninterruptible standby power supply. The power supply must be capable of at least four hours of operation.

D. Repairs. When any false alarm caused by a malfunction of an alarm system has occurred, the alarm user shall cause the alarm system to be repaired to eliminate the malfunction. The alarm system annunciator or alarm panel termination shall be disconnected while repairs are made. Upon request by the Sheriff, the alarm user shall provide a written report describing actions taken or to be taken to eliminate the cause of the false alarm(s). This report shall be submitted within ten (10) days of the date of request by the Sheriff. If the alarm system is not repaired satisfactorily in the opinion of the Sheriff or his agent, then the Sheriff may order the subscriber's alarm company to manually deactivate the alarm system until it is properly repaired.

E. Panel Alarm Connections to County Communications. No person shall install any alarm system which directly signals activation on the alarm panels of Monterey County Communications. Banking and loan institutions or other specific high vulnerability installations may be excluded from this section at the discretion of the Sheriff.

F. Panic Alarms. No person shall install or maintain a panic alarm system for the purpose of contacting and summoning responses or emergency responses from Sheriff's units. The intent of this section is to encourage the public to use the 911 emergency telephone system for emergencies rather than using panic alarm systems.

G. Duress Alarms. A "duress alarm" shall only be authorized in cases where a person is deactivating a residential or business alarm system and shall not be used in the manner described in Section 11.08.120F (panic alarms). Improper use of this type of signal shall result in an assessment for the call. After the second such false call, action, including suspension or revocation of the alarm user's permit, may be taken by the Sheriff.

H. Misuse of Systems. Alarms are primarily designed to alert regarding intrusions (burglaries) or robberies. Any use of an alarm to summon law enforcement where a telephone call would best serve the purpose will constitute a misuse of the alarm system and a violation of this Chapter. For example: using the alarm to summon the Sheriff's Office to a brawl or another type of disturbance.

I. Panic Alarm Sales Prohibited. No individual, alarm company or sales agent shall offer for sale or sell, install or cause to be installed any panic alarm.

J. Silencing Audible Alarms. Upon notification by a deputy who is at the scene of an alarm activation or by a dispatcher from Monterey County Communications that an alarm system is activated and a responsible agent is needed at the scene to silence an alarm, the subscriber, responding agent, or alarm company representative shall immediately proceed to silence the alarm, and the silencing shall be completed within thirty (30) minutes of such notification. In the case where the required automatic shutoff device does not reset within fifteen (15) minutes (residential) or thirty (30) minutes (commercial) the Sheriff's Office shall have the authority to summarily hire an alarm agent or alarm company operator to silence the alarm. All costs and expenses incurred by the Sheriff's Office in hiring an alarm agent or alarm company operator to silence the alarm shall be borne by the subscriber.

K. Owner's Responsibility. A subscriber or responsible agent of an alarmed premise shall respond to any request from a deputy, whether placed through Monterey County Communications or their respective alarm company, concerning the activation of an alarm, securing the premises or other circumstances concerning the security of the alarmed premises. The Sheriff's Office shall be under no obligation to remain or secure the premise in the absence of a response and the subscriber's alarm permit may be subject to suspension or revocation.

L. Dialer Alarms. No person shall install or cause to be installed as original equipment or an update to existing equipment, any automatic dialing devise machine that connects with or dials Monterey County Communications.

(Ord. 5029 § 1 (part), 2006)

When any emergency alarms, messages, signals, or notices are received by the Sheriff's Office showing that an alarm user has failed to meet any of the requirements of this Chapter, the Sheriff is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with said requirements. If the subscriber ignores, rejects or fails to comply to the order to disconnect the system, the Sheriff shall order the subscriber's alarm company to dismantle or disconnect the alarm system. Any dismantling fees are the responsibility of the subscriber.

(Ord. 5029 § 1 (part), 2006)

The Sheriff may assess administrative assessment fees as are enumerated in the Monterey County Fee Resolution. Assessment of administrative assessment fees shall be independent of any other action by the Sheriff, the District Attorney's Office, or any other agency of the County of Monterey which may result from a violation of this Chapter.

Any person having an alarm system which results in a response by Sheriff's deputies to an alarm which proves to be false, shall be assessed an administrative assessment fee for each false alarm according to the number of false alarms received during an assessment period. Assessment periods shall be every sixty (60) days.

Six or more false alarms in any six month period from any alarm system may constitute grounds for revocation of the alarm permit, a suspension of services, or both.

In addition to the administrative assessment(s), the Sheriff may: (1) suspend or revoke the alarm user's permit; (2) suspend any Sheriff's Office response, or both.

Commencing with the date of the initial approved alarm permit and for thirty (30) days thereafter, there shall be no administrative assessment for false alarm activations. Administrative assessments shall attach after the initial thirty (30) day period.

The assessment period for the new alarm subscribers shall commence on the first day of a complete assessment period as specified above.

(Ord. 5029 § 1 (part), 2006)

Any alarm which activates falsely more than three 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 the danger to responding deputies and to the public during the response of any alarm, the on-duty watch commander or patrol supervisor may exercise his discretion to discontinue additional responses. The Sheriff's Office may notify the subscriber, responding agent, and alarm company or alarm representative if the Sheriff's Office determines to discontinue response. The watch commander, his agent, or a Monterey County Communications representative shall make the contact to relay that decision.

(Ord. 5029 § 1 (part), 2006)

A legitimate security company with state licensing may be a responding agent or the primary response unit if all parties agree. If the security company is the primary response unit, the Sheriff's Office will not be advised of the alarm or dispatched to an alarm activation unless there is evidence that a crime has taken place or is in progress.

(Ord. 5029 § 1 (part), 2006)

An alarm company may call the Sheriff and, upon proper identification, cancel a response prior to the arrival of the deputies at the alarmed site. No false alarm assessment will be made for such activations unless, at the deputy's discretion, the responding deputy continues the response to investigate unusual or suspicious circumstances arising from the alarm activation. Nothing in this Chapter shall prohibit an alarm company from contacting a subscriber to verify if an alarm activation is false. A monitoring alarm company shall at minimum make two calls to the site of the alarm activation or to a responsible party to determine if the alarm is a false activation. If it is determined by the alarm company that they have received a false activation, the Office of the Sheriff need not be notified.

(Ord. 5029 § 1 (part), 2006)

If at any time it shall come to the attention of the Sheriff that the holder of an alarm user's permit has violated any provisions of this Chapter, the Sheriff may suspend or revoke the permit. If an alarm user's permit is to be suspended or revoked as provided hereunder, the Sheriff shall notify the holder of the permit seventy-two (72) hours before the effective hour of the suspension or revocation. Revocations and suspensions shall become effective at 12:01 a.m. on the date specified in the revocation or suspension notice.

Suspension or revocation of any alarm user's permit may also occur if: (1) the alarm user has been given written notice and assessed six penalty assessments within a six month period; or (2) the alarm user has failed to pay any such assessments(s); or (3) any person, subscriber, alarm agent or responding agent that is responsible for maintaining or servicing an alarm system refuses to respond to the scene or reset any alarm within the unincorporated area of the County of Monterey.

(Ord. 5029 § 1 (part), 2006)

Any person whose permit has been denied, revoked or suspended pursuant to this Chapter shall have the right, within ten (10) days after receiving notice of revocation/suspension from the Sheriff to file a written appeal, by mail, with the Sheriff. A hearing on the appeal shall be held within fifteen (15) days of receipt of the written appeal. At this hearing the appellant or his designated representative shall present written or oral argument, or both, in support of his appeal.

Applicants or subscribers may also appeal assessment(s), type of alarms, or the other issues with ten (10) days after receiving a written notice of an assessment, a written notice of a rejection, or any other issue. A hearing will be set as specified above.

An alarm system user whose permit has been revoked is not precluded under this section for applying for a new permit. The Sheriff; however, is not required to issue a new permit unless he is satisfied that the alarm user's system has been properly serviced and its deficiencies corrected.

(Ord. 5029 § 1 (part), 2006)

Information furnished and secured pursuant to this Chapter 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. 5029 § 1 (part), 2006)

Any person who is found to have violated or otherwise failed to comply with any provision of this Chapter shall pay the civil fees and administrative assessments listed in the Monterey County Fee Resolution for the violation, plus the penalty and all collection costs. The penalty for a first violation of this Chapter shall be not more than two hundred fifty dollars ($250.00), and for a second violation within a period of one year not more than five hundred dollars ($500.00), and for a third or any subsequent violation within a period of one year not more than one thousand dollars ($1000.00). All violations of this Chapter shall be processed by the Monterey County Sheriff or designee.

(Ord. 5029 § 1 (part), 2006)