Division 1 — SECURITY ALARMS (POLICE)

SEC. 11-63. SECURITY ALARMS: DEFINITIONS.

For the purpose of this article, the following words and terms shall have the following meanings.

(A) ALARM - A sound, signal, or message generated by an alarm system, alarm user, or other person.

(B) ALARM ADMINISTRATOR - The person or entity designated by the police chief to administer and determine security alarm system permit applications, permits, and alarm dispatch requests.

(C) ALARM AGENT - A person employed by an alarm business, whose duties include installing, maintaining, moving, repairing, altering, replacing, or servicing alarm systems.

(D) ALARM BUSINESS - A business that sells, leases, installs, moves, maintains, repairs, alters, replaces, services, or monitors alarm systems, not including a business that only sells alarm systems from a fixed location, or that only manufactures alarm systems sold to retailers, and not to the public.

(E) ALARM CALL CONFIRMATION - An attempt by the alarm company or its representative to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request.

(F) ALARM CANCELLATION - The termination of an alarm response following an alarm business’s dispatch request, when the alarm business advises the police department that there is not a situation at the alarm site that requires a response. If cancellation occurs prior to police or fire personnel arriving at the scene, this shall not be considered a false alarm for the purpose of civil penalty.

(G) ALARM DISPATCH - A notification to police or fire personnel that an alarm has been activated at an alarm site and a response is requested.

(H) ALARM SITE - A single fixed premises or location served by an alarm system or systems. Each unit, if served by a separate alarm system in a multi-unit building or complex, shall be considered a separate alarm site.

(I) ALARM SYSTEM - Any device, whether mechanical or electrical, designed and used to notify police or fire personnel, either directly or through a third party, of an event to which police or fire personnel are requested to respond. An alarm system does not include a battery operated smoke detector or the conventional use of a cellular or landline telephone. An alarm system includes both manual and automatic alarm systems. An alarm system that notifies police personnel is a security alarm system. An alarm system that notifies fire personnel is a fire alarm system.

(J) ALARM USER - An individual, corporation, partnership, association, organization, or other entity, including a permittee, owning, leasing, or controlling an alarm site.

(K) AUDIBLE ALARM - An alarm system device that, when activated, emits an audible sound at or around the alarm site.

(L) AUTOMATIC ALARM SYSTEM - An alarm system that is activated automatically by one or more sensors such as, but not limited to, motion detectors, reed switches, vibration sensors, acoustic sensors, glass break detectors, smoke sensors, heat detectors, or fire suppression devices. Manually activated alarms or alarms operating from a mobile security device are not automatic alarms.

(M) AUTOMATIC DIALING DEVICE - A device that automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of some type of emergency to which police or fire personnel are requested to respond.

(N) BUILDING - A structure used or intended for use as human habitation, including attached non-habitable areas, such as storage and garage areas, and excluding yards and open areas, and detached accessory buildings not used or intended for use as human habitation.

(O) DURESS ALARM - 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 requests a law enforcement response.

(P) EXCESSIVE FALSE ALARM - The occurrence of two or more false alarms, generated by an alarm user's alarm system, within a 12-month period.

(Q) FALSE ALARM - An alarm to which responding personnel, having investigated the alarm site, find no evidence of a situation requiring a response by such personnel, or, except for an alarm based on fire or medical emergency, find that the alarm site contains one or more unsecured exterior doors or windows. A false alarm includes an alarm caused by a power outage, but does not include an alarm caused by a force majeure or an extraordinary condition not reasonably within the control of the alarm business or alarm user. False alarms include situations involving an authorized person or persons at the alarm location who do not use the proper alarm code.

(R) FEE - The assessment of a monetary charge based on the cost of services provided by the city, payable to the city pursuant to this division.

(S) FINE - The assessment of a monetary charge for noncompliance with this division, payable to the city pursuant to this division.

(T) HEARING OFFICER - A person appointed by the city to hear and decide certain matters arising under this article.

(U) MANUAL ALARM SYSTEM - An alarm system that is hand-activated by one or more devices such as, but not limited to: buttons, keys, switches, or rails, and are sometimes referred to as panic alarms, panic buttons, trouble alarms, hold-up alarms, emergency buttons, emergency keys, medical alarms, robbery alarms, duress alarms, takeover alarms, hostage alarms, ambush alarms, bill traps, money traps, medical alarms, pull stations, early morning switches, foot rails, or foot switches.

(V) MONITORING - The process by which an alarm business or alarm user receives signals from alarm systems or otherwise monitors alarm sites, and relays an alarm dispatch request to response personnel.

(W) "MONITOR IT YOURSELF” ALARM SITE - An alarm site that is monitored directly by its alarm user and not by an alarm business.

(X) PANIC ALARM - A manual alarm system designed to alert others of emergency situations where an immediate threat to persons or property exists.

(Y) PERMIT REVOKED - The status of an alarm permit that has been rendered null and void as a result of excessive false alarms and/or other violations of this article.

(Z) PERMIT SUSPENDED - The status of an alarm permit that has been rendered inactive as a result of excessive false alarms and/or other violations of this article, and until corrected is not valid.

(AA) PERMITTEE - A person holding a valid alarm system permit issued pursuant to this article, or a person having an alarm system for which this article does not require a permit.

(BB) PERSON - Any person as defined in section 1-3 of this code or any other firm, institution, or public entity.

(CC) POLICE OR FIRE PERSONNEL - Sometimes referred to as "officer” throughout this article; employees of the city's police and fire departments; employees of police and fire departments of other public entities with which the city has entered into mutual aid agreements.

(DD) PRIVATE PATROL OPERATOR - A person licensed as a private patrol operator by the Chief of the California Bureau of Security and Investigative Services pursuant to Cal. Business and Professions Code, Section 7582.11, and holding a current city business tax certificate for a private patrol business.

(EE) ROBBERY ALARM/HOLD UP ALARM/211 ALARM - A silent alarm generated by a manual alarm system located at a place of business or residence, intended to signal that a robbery is in progress or that the alarm site is being taken over by intruders.

(FF) SECURITY ALARM SYSTEM - An alarm system that is intended to notify and/or request the dispatching of police personnel.

(GG) SILENT ALARM - An alarm system device that is connected to a telephone line, and when activated, automatically transmits a message or signal to an alarm business, indicating the request for an response to the alarm site.

(HH) UNSECURED - Not equipped with a functioning lock, bar, or other device that is attached to or in contact with the door or window, that is in the fixed or locked position, and that prevents the door or window from being opened from the exterior of the alarm site without breaking the door or window.

(Ord. 2951)

SEC. 11-64. DUTIES.

The city council finds and determines that alarm businesses, alarm agents, and alarm users shall adhere to the requirements prescribed in this article.

(Ord. 2951)

SEC. 11-64.1. SECURITY ALARM BUSINESS DUTIES.

A security alarm business performing or contracting monitoring services shall:

(A) Establish and maintain written procedures to ensure efforts are made to verify alarm signal activations prior to making a dispatch request to the police department, with exception given to robbery alarms, panic alarms, or duress alarms;

(B) Alarm call confirmation requirements - With exception to robbery, panic, or duress alarms, alarm signals received from a commercial burglar alarm system or a residential burglar alarm system shall be processed in accordance with the following procedures:

(1) Call number one - Upon receipt of the alarm signal, and prior to making an alarm dispatch request, the monitoring facility shall attempt telephonic confirmation

with the alarm site's designated primary contact number.

(2) Call number two - If a monitoring facility operator is not successful at making direct, verbal contact with a person on the first call to the alarm site's primary

designated number, the monitoring facility shall make a call to the alarm site's designated secondary contact number before making an alarm dispatch request.

(3) Person on premises without proper alarm code - If the monitoring facility reaches a designated contact number, and the person answering the phone does not

have the correct pass code, the monitoring facility may notify the police department to initiate an alarm dispatch.

(4) Scheduled events - If an alarm signal is received in connection with an abort/cancel event, then the operator shall not contact the police department.

(5) Alarm confirmed as false - If the alarm is confirmed as being false during the first, second, or succeeding call, or as a result of getting a valid pass code, the

monitoring facility operator shall cancel any previous alarm dispatch request. If cancellation occurs prior to police or fire personnel arriving at the scene, this shall not be considered a false alarm for the purposes of assessing civil penalties.

(6) Notification call - The monitoring facility's operator shall notify the police department and initiate an alarm dispatch.

(7) Call lists and priority - Following the notification to the police department and subsequent alarm dispatch request, the monitoring facility shall continue efforts to

attempt to contact additional designated telephone numbers on the alarm site's entire designated call list, with the intent to achieve a cancellation of the alarm dispatch request if it is verified that no emergency exists. Subsequent to dispatch of police personnel, the priority of notification calls to the telephone numbers in a customer's database shall first be two telephone numbers with the highest probability of reaching an alarm user or their authorized designee.

(8) Additional methods - Audio-based confirmation, video-based confirmation, or cross-zoning shall be permitted in place of first and second layer call confirmation,

and shall be considered in compliance with this section.

(9) Call confirmation procedures in subsections (B)(1) and (B)(2) of this section shall not apply to gun stores, banks, pharmacies, and other specific locations

determined by the police chief;

(C) Maintain records for at least two years following a request for an alarm dispatch to an alarm site: records relating to the dispatch, including the name, address, and telephone number of the alarm user; the alarm system zones or points activated; the time of request for dispatch; and information concerning the alarm businesses attempt to contact the alarm site's designated contacts by telephone or other electronic means before requesting the dispatch;

(D) Make such records available to the alarm administrator upon request;

(E) Not install a single-action, non-recessed button as a device to activate a manual alarm;

(F) Not install an automatic dialing device in an alarm system;

(G) When making alarm dispatch requests, not use incorrect, misleading, or unverified information or terminology, or withhold information to facilitate an alarm dispatch;

(H) After making an alarm dispatch request, remain in continuous contact with police or fire personnel if requested; and

(I) Provide its alarm user clients with a written or digital copy of this article, in order to inform them of its provisions and requirements.

(Ord. 2951)

SEC. 11-64.2. ALARM AGENT DUTIES.

An alarm agent shall, on request, display the registration issued by the California Department of Consumer Affairs to any alarm user, police or fire personnel, or alarm administrator.

(Ord. 2951)

SEC. 11-64.3. ALARM USER DUTIES.

(A) If requested, an alarm user shall respond or make a representative available to respond to the alarm site within 45 minutes of notification by city staff to deactivate a malfunctioning alarm system, to provide needed access to the alarm site, or to assume responsibility for an alarm site that is unsecured.

(1) If the alarm user is unwilling or unable to respond to the alarm site within 45 minutes after city staff requests a response from the alarm user, the alarm user shall

be subject to cost recovery from the city, for personnel and equipment costs incurred for the time after the 45 minutes of being notified by city staff has passed.

(2) If the alarm user is unresponsive, unwilling, or unable to respond to the alarm site, and the site cannot be secured by police personnel, the city shall be held

harmless for leaving the site unsecured.

(B) An alarm user shall maintain at each alarm site a set of operating instructions for each alarm system.

(Ord. 2951)

SEC. 11-64.4. ALARM USER DUTIES IMPOSED JOINTLY AND SEVERALLY.

The duties imposed by this article on alarm users are imposed jointly and severally on each alarm user for an alarm site, regardless of whether each alarm user installed, operated, or knew of the existence of an alarm system at the alarm site.

(Ord. 2951)

SEC. 11-64.5. BUSINESS TAX CERTIFICATES.

Before doing any business in the city, alarm businesses and those alarm agents who are independent contractors shall obtain a business tax certificate from the city.

(Ord. 2951)

SEC. 11-65. SILENT OR AUDIBLE ALARM PRESUMPTION.

When a silent or audible alarm of an alarm system is activated, a conclusive presumption arises that an alarm dispatch request is made, whether by an alarm user, an alarm business, or another person hearing or otherwise alerted by the alarm.

(Ord. 2951)

SEC. 11-66. NO DUTY TO RESPOND.

Nothing in this article shall impose a duty on city personnel to respond to any security alarm, whether or not the alarm is false.

(Ord. 2951)

SEC. 11-67. EXEMPTIONS.

The provisions of this article shall not apply to:

(A) Mobile security devices;

(B) Alarm systems that are designed to alert only the inhabitants of the alarm site and that do not have audible alarms that can be heard beyond the interior of the alarm site; and

(C) Video doorbell systems.

(Ord. 2951)

SEC. 11-68. PROHIBITED ACTS.

(A) It shall be unlawful to intentionally or willfully activate a security alarm system, including a robbery, panic, or duress alarm for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to cause a false alarm. Violators of this provision shall be subject to a civil penalty of $250 per occurrence.

(B) Any person who makes any intentionally false statement of a material matter in the application for their permit shall be subject to a fine of $500, and their alarm permit may be subject to suspension or revocation for a period of up to one year.

(Ord. 2951)