Chapter 6A — ALARM SYSTEMS

Editor's note— Ord. No. 90-33, §1, adopted Sept. 12, 1990, repealed Ch. 6A in its entirety, which pertained to alarm systems and derived from Ord. No. 78-32, §1, adopted Aug. 23, 1978. Section 2 of said ordinance enacted provisions designated as a new Ch. 6A to read as herein set out. Subsequently, Ord. No. 01-126-1, § 1, adopted March 7, 2001, amended ch. 6A in its entirety to read as herein set out. Formerly, said chapter pertained to similar subject matter. See the Code Comparative Table for a detailed analysis of inclusion.

Cross reference— Noise control, Ch. 38.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Alarm agent. Any person who is hired by an alarm business as an agent or employee for the performance of any of the following functions within the city: Selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building, place or premises.

Alarm business. Any business which is engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building, place or premises. This definition 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 building, place or premises.

Alarm system. Any device designed for the detection of fire, smoke, burglary, robbery, or other emergent or exigent conditions in any building, place or premises, for alerting others of, and which, when activated, emits a sound or transmits a signal or message.

Alarm user. Any person upon whose premises an alarm system is maintained. Excluded from this definition are persons who maintain alarm systems on motor vehicles or any other alarm systems which do not directly or indirectly signal for the response of the police or fire department. This definition shall include all alarm systems which require or result in a police or fire department response when they are activated or which are designed to signal persons outside the premises.

Audible alarm. That type of alarm system which, when activated, emits an audible sound.

Central station. An office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits and where such service is maintained at all times.

Central station system. A system in which the operation of electrical protection circuits and devices are signaled to automatically record, maintain, and supervise from a central station having trained operators in attendance at all times.

Day. This constitutes a calendar day.

False alarm. The malicious, intentional, or unintentional activation of an alarm to which a fire or police response was unnecessary.

Fire chief. The Chief of the Fire Department of the City of Oceanside or his/her authorized representative.

Fire department. The Fire Department of the City of Oceanside.

Person. Any individual, partnership, corporation or other entity.

Police and fire emergency communication center. It is the public facility housing the public safety answering point, that which dispatches police and fire emergency/911 and non-emergency system.

Police chief. The Chief of the Police Department of the City of Oceanside or his/her authorized representative.

Police department. The Police Department of the City of Oceanside.

Malicious alarm. The activation of an alarm system through an intentional action in which the average reasonable person would have known that no emergency exists. (See Penal Code § 148.3) Any dispute as to whether an alarm activation meets this definition shall be determined by the fire or police chief.

Silent alarm. The type of alarm that, when activated, does not emit an audible signal on the premise, but sends a message to another location.

Subscriber. A person contracting with an alarm business for any of its services.

Unintentional alarm. The activation of an alarm by malfunction, improper installation, accidental, or negligent action. This definition specifically excludes alarms caused by force majeur or natural disasters.

Verified response. After an alarm activation, the police department or fire department verifies the need for response to an actual emergency.

(Ord. No. 01-126-1, § 1, 3-7-01; Ord. No. 04-OR833-1, § 1, 9-15-04)

Each alarm user shall comply with the following conditions:

(a)

Where any alarm system is serviced or maintained on or in any building, place or premises by an alarm business, the alarm user shall have the name and emergency telephone number of the alarm business posted on or near the front door of such building, place or premises.

(b)

Each alarm business who installs or services an alarm system shall instruct the subscriber in the proper use and operation of the alarm system, especially in those factors which can cause unintentional or false alarms.

(c)

Each alarm business servicing an alarm system shall respond by inspecting and/or servicing such alarm within forty-eight (48) hours after such alarm business has been notified by the subscriber or the city's agent that an alarm system has malfunctioned.

(d)

Each alarm business shall notify the city's police and fire department emergency communication center that a subscriber's alarm system is under service or repair when, in the process of such service or repair, the system may be activated and cause an alarm resulting in a response by the police or fire department.

(e)

Each alarm system sold, leased, maintained, serviced or installed by an alarm business, and which operates on commercial current, must be equipped with a standby power supply sufficient for at least four (4) hours.

(f)

Each alarm system shall be subject to inspection by an inspector, the police chief or fire chief, or their designee, as determined by the city.

(g)

Alarm equipment sold, leased, maintained or serviced by an alarm business shall be of a design approved for that intended purpose by the state fire marshall, the police or fire chief, and sanctioned by a nationally recognized testing laboratory, such as Underwriter's Laboratories, Inc. (UL).

(Ord. No. 01-126-1, § 1, 3-7-01)

The chief of police, and/or the fire chief, will take necessary additional steps to implement the provisions of this chapter, by adopting and enforcing additional regulations concerning safety and security of alarm systems, the installation of alarm equipment, establish and maintain reasonable fees to recover costs associated with this chapter, registering and processing alarm permits which fall under their respective areas of responsibility, and the maintenance and the keeping of records concerning alarm systems.

(a)

Alarm system permits and fees: Alarm system users must register their alarms.

(b)

Permit applications: An initial permit for an alarm system must be obtained within thirty (30) days of installation or be subject to a late fee as determined by the chief of police and/or fire chief.

(c)

Unregistered alarms: False alarm activations from an unregistered alarm will be considered a violation notwithstanding the provision of section 6A-6(c)(1).

(Ord. No. 01-126-1, § 1, 3-7-01; Ord. No. 04-OR833-1, § 2, 9-15-04)

The installation of any alarm system which, when activated, would cause a signal or message to be sent directly to the police and fire department administrative offices, fire stations or the police communications center by telephone or by any other means, is strictly prohibited. This section shall not apply to any alarm system that is installed in and that monitors any portion of any building or facility utilized by the police department where the installation of the alarm system is authorized by the chief of police.

(Ord. No. 01-126-1, § 1, 3-7-01; Ord. No. 10-OR0236-1, § 1, 3-17-2010)

(a)

Burglary-robbery or intrusion alarms.

(1)

All residential burglary-robbery or intrusion alarms which are audible will be required to have an automatic, fifteen (15) minute maximum, audible cut-off device incorporated within their design. The system may

automatically reset itself, but after a second fifteen (15) minute maximum of sounding, the bell must shut down and not sound until after it has been manually reset.

(2)

Each alarm must be equipped so as not to sound due to power outages and must have a standby battery pack to operate the alarm system for at least four (4) hours.

(3)

All commercial burglary alarms will be required to be of the silent type unless special approval for an audible alarm is granted by the police chief, unless its audible duration is less than five (5) minutes.

(b)

Fire alarms.

(1)

All audible residential fire alarms shall not have an audible cut-off device.

(2)

Each fire alarm must be equipped so as not to sound due to power outages and must have a standby battery pack to operate the system for at least twenty-four (24) hours and four (4) minutes of audible alarm.

(3)

All commercial fire and smoke alarms will be required to be of the audible type unless special approval for a silent alarm is granted by the fire chief.

(c)

All alarms.

(1)

Each city residence with an alarm will be required to provide information as to who will respond to reset the alarm or open the residence when deemed necessary by the police or fire departments.

(2)

No person shall lease, maintain, service, install, or use any alarm system which automatically dials any telephone number of the Oceanside Police or Fire Department.

(Ord. No. 01-126-1, § 1, 3-7-01)

(a)

Violations herein may be subject to an administrative citation which is deemed a civil remedy. The fee amount in the schedule is per each violation and is set in a schedule determined annually by the fire chief and/or the police chief. The amount increases with each subsequent violation. Upon four (4) violations within a year from the same location, the city may consider filing a criminal action in addition to the civil penalty.

(b)

A civil penalty for alarm violation(s) may be assessed against the alarm user, the alarm subscriber, or any combination thereof, as determined by the police or fire chief. A civil action for alarm violations may be brought against the alarm company or its personnel as determined by the city attorney or its designee.

(c)

Violations.

(1)

Two (2) or more false alarms from any alarm system within a three hundred sixty-five (365) day period constitutes a violation.

(2)

Any business or person responsible for maintaining or servicing a malfunctioning alarm system in the City of Oceanside that refuses to respond to reset such alarm system within the city as requested by the fire or police department may be subject to civil penalty or civil action as determined by the city attorney.

(3)

Any use of an alarm to summon the police or fire department where a personal telephone call would best serve the purpose shall constitute a misuse of the alarm system and is a violation of this section. Violations will be assessed against the alarm user, the alarm company, or both.

(4)

The failure of any alarm user to make corrections to alarm systems as required by the fire or police department is in violation of this section. Each day that a violation occurs shall constitute a new and separate violation.

(5)

The failure of any alarm user to obtain an alarm system permit as required by this chapter is a violation of this section.

(d)

The civil penalties assessed for each violation are not exclusive and any other civil or criminal remedies available at law may also be pursued by the city, including a nuisance abatement action and/or a criminal citation up to and including a misdemeanor complaint, carrying a penalty punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a term not to exceed six (6) months, or both.

(e)

The civil penalties assessed under this section shall be a debt owed to the city. The chief of police or fire chief may bill the debtor for payment of the debt. Any failure to pay the civil penalties within thirty (30) days may be collected by civil action.

(f)

In addition to other remedies, after the receipt of any false alarms in excess of two (2) within a three hundred sixty-five (365) day period, the chief of police or fire chief may notify the person in principal possession and control of the alarm system and the alarm service company providing service for the alarm system, of the police or fire department's intentions as to future responses to subsequent alarms at the property, including the option of verified response.

(Ord. No. 01-126-1, § 1, 3-7-01; Ord. No. 04-OR833-1, §§ 3—5, 9-15-04)

False alarms from an unregistered alarm will be charged without regard to the false alarm fee schedule and the first alarm will be charged at the fee rate established for the third false alarm. Subsequent unregistered false alarms will be charged in accordance with the schedule of fees.

(Ord. No. 04-OR833-1, § 6, 9-15-04)

After notification by the police department of the requirement to register an alarm, or the failure to pay delinquent fees as provided for in this section, response to burglar alarms under these circumstances will only be after the police department has verified the existence of an actual emergency situation (verified response).

The registered alarm user shall be notified via registered letter of the police department's intent to require a verified response to an alarm no later than twenty-one (21) days prior to implementation of a verified response.

A registered alarm user may appeal a verified response notification to the police and fire commission or as otherwise provided for in section 6A-7. Such appeal must be made within twenty-one (21) days of receipt of such notification.

(Ord. No. 04-OR833-1, § 7, 9-15-04)

Any party against whom a violation is assessed by the police or fire chief under this chapter may appeal such violation or finding to the police and fire commission within twenty-one (21) days of notice of such violation or finding. The police and fire commission (or a subcommittee thereof) shall conduct a hearing to review the matter. Upon determination by the city manager, a hearing officer may be selected from a city approved hearing officer list to hear an appeal. Appeal by a hearing officer shall be an alternate option made available to appellants. Such determination shall be made by the city manager or his/her designee.

The decision on the appeal shall be rendered within fifteen (15) days of the appeal hearing, and shall constitute the final administrative determination on behalf of the city.

(Ord. No. 01-126-1, § 1, 3-7-01; Ord. No. 04-OR833-1, § 8, 9-15-04)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 01-126-1, § 1, 3-7-01)