Division 4 — EXCESSIVE FALSE ALARMS

SEC. 11-72. EXCESSIVE FALSE ALARMS PROHIBITED.

(A) A false alarm generated by a security alarm system with two or more false alarms during a 12- month period is an excessive false alarm, and is a violation of this article.

(B) The excessive false alarm fees and penalties referred to in section 11-73 are civil penalties for which an alarm user is liable. If an alarm user does not timely pay the fees and penalties when billed in accordance with section 11-74.2, the city may recover such fees and penalties by any legally enforceable means.

(C) If an alarm user does not make payment within 60 days for excessive false alarm fees and penalties referred to in section11-73 when billed in accordance with section 11-74.2, the city shall suspend the alarm user's permit.

(D) A suspension of an alarm user's permit includes the cessation of police responses to burglary alarm calls to a specified alarm site.

(1) Absent the alarm user's written request to their alarm service and the alarm administrator that indicates otherwise, the suspension of an alarm user's permit will

not discontinue dispatch responses to the alarm site for robbery, panic, and duress alarms.

(2) All police alarm dispatch responses to the alarm site whose permit has been suspended shall be treated and fined as the equivalent of a response to an

excessive false alarm, regardless of circumstance or call disposition.

(E) If a security alarm system generates five or more false alarms within a period of 12 consecutive months, the city may revoke the permit for the alarm system, regardless of whether or not the alarm user has made timely payment of excessive false alarm penalties.

(1) Absent the alarm user's written request to their alarm service and the alarm administrator that indicates otherwise, the revocation of an alarm user's permit will not discontinue dispatch responses to the alarm site for robbery, panic, and duress alarms.

(2) All police alarm dispatch responses to an alarm site whose permit has been revoked shall be treated and fined at an amount established by city council

resolution, regardless of circumstance or call disposition.

(3) Revoked alarm permits that persist with five or more false alarms following the permit's revocation shall be deemed a nuisance, and may be abated at the alarm

user's cost.

(F) Sections 11-72(A) and (B) shall apply to "monitor it yourself” alarm sites.

(Ord. 2951)

SEC. 11-73. FEES AND PENALTIES FOR EXCESSIVE FALSE SECURITY ALARMS.

(A) Alarm related fees and penalties shall be established by city council resolution.

(B) An alarm user shall pay for each excessive false alarm, and its associated fees and penalties, the amounts of which are established by city council resolution.

(C) An alarm business shall pay fees and penalties established by city council resolution.

(1) A false alarm includes an alarm activation directly caused by an onsite employee of an alarm business.

(a) A false alarm directly caused by an onsite employee shall be counted toward the number of excessive false alarms against the alarm business, and not counted against the alarm user.

(b) The count toward the number of excessive false alarms against the alarm business is limited to the alarm site's location, and not count toward the overall

operation of the alarm business.

(2) If a pattern of improper alarm call confirmation is established by an officer, the alarm business shall be issued a civil fine of $100 per occurrence for failure to

follow the required alarm call confirmation procedures, as prescribed in section 11-64.1. Prior to the issuance of a civil fine, the alarm administrator shall first warn the alarm business in writing that improper alarm call confirmation was detected, cite the instance(s) in which the improper call confirmation occurred, and warn that additional lapses within 12 months of the warning may result in a civil fine.

(3) If an alarm business employee or alarm agent willfully makes a false statement concerning the inspection of an alarm site or the performance of an alarm

system, the alarm business shall be issued a civil fine of $1,000 per occurrence.

(Ord. 2951)

SEC. 11-74. FALSE ALARM NOTICES; BILLS FOR FINES AND FEES; HEARING.

Sections 11-74.1 and 11-74.2 shall govern the security alarm application process for noticing false alarms, bills for fines and fees, and the hearing process.

(Ord. 2951)

SEC. 11-74.1. FALSE ALARM NOTICES.

(A) A retrievable record shall be generated for every alarm dispatch request to which police personnel respond.

(B) The alarm administrator shall prepare a notice of false alarm responses, including the date and time of response; an identification of the responding agency; a statement urging the alarm user to ensure proper operation of the alarm system in order to avoid fees and penalties; and the fees and penalties that are in effect for false alarms.

(C) The alarm administrator shall deposit such notice in the United States mail, postage prepaid, addressed to the alarm user at the mailing address stated in the application for the alarm permit for the alarm site. If an alarm permit is not in effect for the alarm site, the alarm administrator shall address the bill to the owner of the alarm site, as shown in the records of the Ventura County Assessor.

(Ord. 2951)

SEC. 11-74.2. BILLS FOR FINES, FEES, AND PENALTIES; HEARING.

(A) The alarm administrator shall review each record prepared for alarm dispatch requests, and determine whether an alarm permit is required for the alarm site, and if so, whether an alarm permit is in effect for the alarm site. The alarm administrator shall determine if the permit was valid at the time of the alarm dispatch requests. If an alarm permit is required and is either not in effect or never existed, the alarm administrator shall mail to the alarm user an application form for an alarm permit and a bill for the fee and penalty referred to in section 11-69(B).

(B) When the alarm administrator determines that an excessive false alarm has occurred, whether or not an alarm permit is required for the alarm site, the alarm administrator shall mail to the alarm user a bill for the prescribed fees and penalties.

(C) The alarm administrator shall mail a bill to each alarm user that incurs a fine, fee, or penalty.

(D) The fines, fees, and penalties referred to in this article are cumulative. The alarm administrator may prepare a separate bill for each fine, fee, and penalty, or may include in the same bill all or some of the fines, fees, and penalties incurred by an alarm user.

(E) Each bill shall state that the alarm user shall pay the bill within 30 days of the date the bill was mailed.

(F) The alarm administrator shall deposit each bill in the United States mail, postage prepaid, addressed to the alarm user at the mailing address stated in the application for the alarm permit for the alarm site. If an alarm permit is not in effect for the alarm site, the alarm administrator shall address the bill to the owner of the alarm site, as shown in the records of the Ventura County Assessor.

(G) The alarm administrator shall include with every bill such information that provides an overview of the process, including fees, fines, and penalties if not timely paid.

(H) If the fees, fines, and penalties are not timely paid, the hearing officer shall hold a hearing and issue a decision as to whether imposition of the fees, fines, and penalties is justified by this article. The hearing officer shall hold the hearing in the manner set out in subsections 11-75.2(C) through (F) of this article, whether or not the alarm user attends the hearing.

(Ord. 2951)