Ontario Municipal Code Ch. 9 Alarm Systems

*Chapter 9, consisting of §§ 4-9.01 through 4-9.13, codified from Ord. 1990, eff. March 9, 1978, was amended by Ord. 2278, eff. June 14, 1984, repealed and reenacted in its entirety by Ord. 2790, effective November 20, 2003. Sections 4-9.100 through 4-9.830 repealed by § 1, Ord. 3151, effective January 1, 2020. Sections 4-9.010 through 4-9.190 enacted by § 1, Ord. 3151, effective January 1, 2020.

The City of Ontario Council finds and declares that:

(a) The vast majority of alarms to which the Police Department responds are false alarms, which are reported to the police by alarm companies.

(b) Most false alarms are the result of improper maintenance or improper or careless use of an alarm system.

(c) The public and police officers are subjected to needless danger when the officers are called to respond to false alarms.

(d) Officers responding to false alarms are not available to carry out other police duties.

(e) In the interest of using limited police resources most effectively and efficiently, the number of false alarms can and must be reduced.

(f) The purpose of this chapter is to reduce the dangers and inefficiencies associated with false alarms and to encourage alarm companies and property owners to maintain the operational reliability, properly use alarm systems, and to reduce or eliminate false alarm dispatch requests.

(g) This chapter governs systems intended to summon a police response, establishes fees, fines, establishes a system of administration, sets conditions for the suspension of a police response and establishes a public education and training program.

(§ 1, Ord. 3151, eff. February 20, 2020)

For purposes of this chapter, the following terms shall have the following meanings:

(a) "Alarm Administrator" means the person or persons designated by the Police Department to administer the provisions of this chapter.

(b) "Alarm agreement" means the legal contract or agreement by and between the alarm installation company and/or monitoring company and the alarm user.

(c) "Alarm agreement holding company" means the alarm installation company or monitoring company that holds the alarm agreement with the alarm user.

(d) "Alarm installation company" means a person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system at an alarm site for compensation, and includes individuals or firms that install and service alarm systems used in a private business or proprietary facility.

(e) "Alarm dispatch request" means a notification to the Police Department that an alarm, either manual or automatic, has been activated at a particular alarm site.

(f) "Alarm registration" means a registration and unique number issued by the Alarm Administrator to an alarm user, which authorizes the operation of an alarm system.

(g) "Alarm Response Manager (ARM)" means a person designated by an alarm installation company and monitoring company to handle alarm issues for the company and act as the primary point of contact for the city's Alarm Administrator.

(h) "Alarm site" means a location served by one or more alarm systems. In a multi-unit building or complex, each unit shall be considered a separate alarm site if served by a separate alarm system. In a single unit building that houses two or more separate businesses with separate alarm systems, each business will be considered a separate alarm site.

(i) "Alarm system" means a device or series of devices, which emit or transmit an audible or remote visual or electronic alarm signal, which is intended to summon police response. The term includes hardwired systems, surveillance cameras and systems interconnected with a radio frequency method such as cellular or private radio signals, and includes local alarm systems, but does not include an alarm installed in a motor vehicle or a system which will not emit a signal either audible or visible from the outside of the building, residence or beyond, but is designed solely to alert the occupants of a building or residence.

(j) "Alarm user" means any person who has contracted for monitoring, repair, installation or maintenance service for an alarm system from an alarm installation company or monitoring company, or who owns or operates an alarm system which is not monitored, maintained or repaired under agreement.

(k) "Alarm user awareness class" means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.

(l) "Alarm user list" means a list provided by the alarm user's alarm installation company or if no alarm agreement exists between the alarm user and an alarm installation company, the alarm user's monitoring company.

(m) "Arming station" means a device that controls an alarm system.

(n) "Automatic voice dialer" means any electronic, mechanical, or other device which, when activated, is capable of being programmed to send a prerecorded voice message to the Police Department or City requesting an officer dispatch to an alarm site.

(o) "Burglar alarm" means an alarm intended to identify the presence of an intruder in either a business or residence.

(p) "Business license" means a business license issued by the City of Ontario Business License Division to an alarm installation company or monitoring company to conduct business in the City. (q) "Cancellation" means the termination of a police response to an alarm site after an alarm dispatch request is made but before an officer's arrival at the alarm site.

(r) "Conversion of alarm user" means the transaction or process by which one alarm installation company or monitoring company begins the servicing or monitoring of a previously unmonitored alarm system or an alarm system that was previously serviced or monitored by another alarm company.

(s) "City" means City of Ontario.

(t) "Duress alarm" means a silent alarm system signal generated by the entry of a designated code into an arming station in order to signal that the alarm user is being forced to turn off the system and requires an officer response.

(u) "Enhanced Call Confirmation" (ECC) means an attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm user and/or the alarm user's designated representatives by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting a police burglar alarm dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this chapter, telephone confirmation shall require, as a minimum that a second call be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting an officer dispatch. Names and numbers of those contacted or attempted to contact, shall be provided when requested.

(v) "False alarm" means an alarm dispatch request to the Police Department, which results in the responding officer finding no evidence of a criminal offense or attempted criminal offense after completing an investigation of the alarm site.

(w) "Holdup alarm" means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

(x) "Local alarm system" means an unmonitored alarm system that annunciates an alarm only at the alarm site or is a self-monitored alarm site.

(y) "Monitoring" means the process by which a monitoring company receives signals from an alarm system and relays an alarm dispatch request to the Police Department.

(z) "Monitoring company" means a person in the business of providing monitoring services.

(aa) "One Plus Duress Alarm" means the manual activation of a silent alarm signal by entering a code that adds one number to the last digit of the normal arm/disarm code (e.g., normal code = 1234, one plus duress code = 1235).

(bb) "Panic alarm" means an alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring an officer response.

(cc) "Person" means an individual, corporation, limited liability company, partnership, association, organization or similar entity.

(dd) "Police Department" means the Ontario Police Department.

(ee) "Protective or reactive alarm system" means an alarm system that produces a temporary disability or sensory deprivation through use of chemical, electrical, sonic or other means, including use of devices that obscure or disable a person's vision.

(ff) "Registration number" means a unique individual number assigned to an alarm user as part of alarm registration issued by the Police Department.

(gg) "Responsible party" means a person capable of appearing at the alarm site upon request who has access to the alarm site, the code to the alarm system and the authority to approve repairs to the alarm system.

(hh) "Robbery alarm" means an alarm signal generated by the manual or automatic activation of a device, or any system, device or mechanism on or near the premises intended to signal that a robbery is in progress and that a person is in need of immediate police assistance in order to avoid bodily harm, injury or death. The term has the same general meaning as "holdup alarm" or "duress alarm."

(ii) "Takeover" means the transaction or process by which an alarm user takes over control of an existing alarm system that was previously controlled by another alarm user.

(jj) "Zones" mean a division of devices into which an alarm system is divided to indicate the general location from which an alarm system signal is transmitted.

(§ 1, Ord. 3151, eff. February 20, 2020)

(a) Responsibility for administration of this chapter is vested with the Police Department.

(b) The Police Department shall designate an Alarm Administrator to carry out the duties and functions described in this section.

(c) Monies generated by fees and fines assessed pursuant to this section shall be deposited into the city's General Fund.

(d) The amount of the fees and fines set forth in this section shall be specified in the City Fee Schedule, which may only be revised by a duly-adopted resolution of the City Council. For purposes of this subsection, "fees" include any type or class of fee and includes late charges.

(e) The Alarm Administrator shall conduct an annual evaluation and analysis of the effectiveness of this chapter and identify and implement system improvements as warranted.

(§ 1, Ord. 3151, eff. February 20, 2020)

(a) An alarm user shall not operate, or cause to be operated, any alarm system without a valid alarm registration. A separate alarm registration is required for each alarm site having a distinct address or business name. A registration fee including a completed alarm registration application shall be received and approved by the Alarm Administrator prior to any alarm system activation. A thirty (30) day grace period shall be granted from the date of all new alarm installations or takeovers between two alarm users, to accommodate the registration application process. There shall be reduced residential registration fees for senior citizens, low-income, disabled persons and veterans. The City Council shall establish such classes of persons by resolution.

(b) Owners of local alarm systems are required to adhere to all sections of this chapter and are subject to all fees, fines, suspensions, penalties or other requirements that are applicable.

(c) The fee for a new initial alarm registration and the alarm registration renewal fee shall be collected by the Alarm Administrator.

(d) Existing alarm systems.

(1) Any alarm system that has been installed before February 20, 2020 shall be registered and a registration fee collected by the Alarm Administrator.

(a) The alarm agreement holding company shall provide within forty (40) days of February 20, 2020, an alarm user list of existing alarm users in the City, in a format approved by the Alarm Administrator, including name, address, billing address and telephone number to the Alarm Administrator.

(b) The alarm agreement holding company may apply to the Alarm Administrator for an extension of the time limit in subsection (a) based on extenuating circumstances. Extensions are at the sole discretion of the Alarm Administrator.

(2) The alarm agreement holding company may, through a mutual written agreement, have another alarm company provide the alarm user's list.

(e) New alarm systems.

(1) Any alarm installation company that installs an alarm system on premises located within the City of Ontario shall notify the Alarm Administrator within twenty (20) days that an alarm system has been installed and send the Alarm Administrator the required information listed in subsection (d)(1)(i) of this section.

(2) In the case of self-installed alarm systems that are to be monitored by a monitoring company, the monitoring company shall act as the alarm installation company regarding the duties to notify the Alarm Administrator.

(3) Failure of an alarm installation company to notify the Alarm Administrator of a new alarm system installation within twenty (20) days of installation shall result in a fine as established by resolution of the City Council to be imposed on the alarm installation company.

(4) The initial alarm registration fee shall be collected by the Alarm Administrator. Failure of the alarm user to submit an application and registration fee within the thirty (30) days after notice shall result in the alarm system being classified as non-registered and late charges being assessed.

(f) Alarm registration and renewal fees.

(1) An alarm registration shall expire one year from the date of issuance and must be renewed annually by the alarm user. The Alarm Administrator shall notify the alarm user of the need to renew their registration thirty (30) days prior to the expiration of the registration. It is the responsibility of the alarm user to submit the updated information and renewal fees prior to the registration expiration date. Failure to renew shall be classified as use of a non-registered alarm system and subject the alarm site to a suspension and late charge.

(2) Registration fees shall be collected annually based on a one-year registration period. The amount of the registration and renewal fees required are established by resolution of the City Council.

(g) Late charge. Alarm users who fail to make payment for an alarm registration prior to the registration's expiration date will be assessed a late charge as established by resolution of the City Council.

(h) Refunds. No refund of a registration fee or registration renewal fee will be made.

(i) Upon receipt of a completed alarm registration application form and the alarm registration fee, the Alarm Administrator shall issue a registration number or alarm registration renewal to the applicant unless:

(1) The applicant has failed to pay any fee or fine assessed under this chapter; or

(2) An alarm registration for the alarm site has been suspended, and the condition causing the suspension has not been corrected; or

(3) The alarm installation company and/or the monitoring company listed on the registration application are not in possession of a current valid State of California Department of Consumer Affairs alarm company operators license; or

(4) It is determined that a false statement of a material fact was made by an applicant for the purpose of obtaining an alarm registration.

(j) Exceptions.

(1) Government entities, including but not necessarily limited to the city, county, state, federal and school districts, must obtain alarm registrations for all alarm systems on property under their control within the boundaries of Ontario, but are exempt from payment of alarm registration and renewal fees.

(2) All registration-fee-exempted alarm sites are required to obtain and maintain a valid alarm registration for a police response and are subjected to all other fees, fines and suspension enforcements, except when this action is prohibited by statute or through a court ruling.

(§1, Ord. 3151, eff. February 20, 2020)

An application for an alarm registration must be in a format provided by the Police Department. The information required on such forms shall be determined by the Alarm Administrator. Registration applicants acknowledge that the police response may be influenced by factors including, but not limited to, the availability of officers, priority of calls, traffic conditions, weather conditions, emergency conditions, prior alarm history, administrative actions and staffing levels.

(§ 1, Ord. 3151, eff. February 20, 2020)

(a) An alarm registration cannot be transferred to another person or alarm site. An alarm user shall inform the Alarm Administrator and their alarm company of any change to the information listed on the alarm registration application within ten (10) business days after such change.

(b) Exceptions may be made in the sole discretion of the Alarm Administrator when the transfer proposed is among members of the family of the original registration holder or successors in interest to the property for which the alarm registration has been issued.

(§ 1, Ord. 3151, eff. February 20, 2020)

(a) An alarm user shall:

(1) Maintain the alarm site and the alarm system in a manner that will minimize or eliminate false alarms;

(2) Make every reasonable effort to arrive at the alarm system's location within thirty (30) minutes after being requested by the monitoring company or Police Department in order to:

(i) Deactivate an alarm system;

(ii) Provide access to the alarm site; and/or

(iii) Provide alternative security for the alarm site.

(3) Provide his, her, or its monitoring company with the updated names and telephone numbers of at least two individuals who are able and have agreed to:

(i) Receive notification of an alarm system activation at any time;

(ii) Respond to the alarm site at any time; and

(iii) Provide access to the alarm site and deactivate the alarm system, if necessary.

(4) Not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report.

(5) Notify his, her, or its monitoring company of any suspension of police response (as provided for under this chapter) and request that the monitoring company not make a burglar alarm dispatch request.

(b) No person shall operate or cause to be operated any automatic voice dialer which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading into the Police Department or the City and then transmit any pre-recorded message or signal.

(c) An alarm user shall keep a set of written operating instructions for each alarm system at each alarm site.

(§ 1, Ord. 3151, eff. February 20, 2020)

The issuance of an alarm registration does not create a contract between the Police Department and/or the City of Ontario and any alarm user, alarm installation company or monitoring company, nor does it create a duty or obligation, either expressed or implied, of the Police Department to respond to any alarm. Any and all liability and consequential damage resulting from the failure of the Police Department to respond to an alarm dispatch request is hereby disclaimed and full governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user acknowledges that the Police Department response is influenced by the availability of officers, priority of calls, traffic conditions, weather conditions, emergency conditions, staffing levels, prior response history and administrative actions.

(§ 1, Ord. 3151, eff. February 20, 2020)