Chapter 9.03 — FALSE ALARMS

Section

• 9.03.001 Purpose

• 9.03.002 Definitions

• 9.03.003 Alarm business registration

• 9.03.004 Alarm agent registration required

• 9.03.005 Notification of change

• 9.03.006 Alarm agents: registration in possession

• 9.03.007 Alarm user’s permit

• 9.03.008 Correction of information

• 9.03.009 Alarm system standards

• 9.03.010 Alarm system regulations

• 9.03.011 False alarm cost

• 9.03.012 Right to discontinue response

• 9.03.013 Suspension/revocation of permits

• 9.03.014 Appeals

• 9.03.015 Confidentiality

• 9.03.016 Penalties

The Board of Supervisors of the county hereby finds and determines that the regulation of false alarms is necessary to promote public health, welfare and safety as well as to necessarily reduce the waste of manpower and tax dollars in response to false alarms. The public is using alarm systems which either are not properly operated by their users or which mechanically malfunction resulting in an increase in false alarm reports thereby constituting a hazard to the safety of peace officers and the public in general. (1966 Code, § 20-1) (Ord. 568, § 1(part))

For the purpose of this chapter, the following definitions shall apply. ALARM AGENT. Any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the functions within the leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises. ALARM BUSINESS. 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 chapter 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. ALARM SYSTEM. Any 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. ALARM USER. Any person using an alarm system at his or her place of residence or business, whether it be owned, leased or rented and made available for use by his or her agents, employees, representatives or family. AUDIBLE ALARM. A device designed for the detection of an unauthorized entry on or attempted entry into a premises or 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. BUSINESS. Any premises that qualify under non-residential use. DIRECT DIAL TELEPHONE SERVICE (AUTOMATIC DIALING DEVICE). 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. FALSE ALARM. 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. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm user shall not constitute a FALSE ALARM. PERSON. Any individual, partnership, corporation or entity. RESIDENTIAL. Any premises used as dwelling units and includes apartments and lodging houses. SILENT ALARM. A device designed for the detection of the unauthorized entry on or attempted entry into a premises or

structure and for alerting others of the commission of an unlawful act or both, and when activated, transmits a signal or activates a device at a predesignated place other than the location where the alarm has been installed. (1966 Code, § 20-2) (Ord. 568, § 1(part))

It is unlawful for any person, including the owners of an alarm business, to act as an alarm agent with the unincorporated areas of the county without first having registered with the Sheriff’s Department; provided, however, that registration shall not be required with the Sheriff’s Department; provided, however, that registration shall not be required for any business which only sells or leases the alarm systems from a fixed location unless the business services, installs, monitors or responds to an alarm system at the protected premises. Registration shall be accomplished by furnishing such information as may be required by the Sheriff’s Department, 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 unincorporated areas of the county and the number of the license issued by the state’s Director of Consumer Affairs for the alarm business, pursuant to Cal. Business and Professions Code § 7593.8. (1966 Code, § 20-3) (Ord. 568, § 1(part))

It is unlawful for any person, including the owners of an alarm business, to act as an alarm agent within the unincorporated areas of the county without first having registered his or her name filed with the Sheriff’s Office a copy of the alarm agent registration card issued to him or her by the state’s Director of Consumer Affairs, pursuant to the provisions of Cal. Business and Professions Code § 7593.7. However, nothing herein shall require a person to register if the person is merely a salesperson for any business not required to register under the provision of § 9.03.003 and if the salesperson does not engage in any other activities related to alarm systems apart from selling. Further, nothing herein shall require a person to register in order to install, service, repair, alter or move an alarm system on the premises owned or occupied by the person. (1966 Code, § 20-4) (Ord. 568, § 1(part))

Any alarm business or alarm agent registered with the Sheriff’s Department shall report, within five working days, to the Sheriff any change of address, ownership, name of business or location of business. (1966 Code, § 20-5) (Ord. 568, § 1(part))

Every person acting as an alarm agent within the county shall carry on his or her person, at all times so engaged, a valid state of California alarm agent’s registration card and shall display the card upon request to any peace officer. (1966 Code, § 20-6) (Ord. 568, § 1(part))

(A) No person shall install or cause to be installed, use or maintain or possess an alarm system at any residence or on any business premises owned or in the possession or control of the person within the unincorporated area of San Benito County without having obtained an alarm user’s permit from the Sheriff’s Department. The application for an alarm user’s permit shall be filed with the Sheriff. 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. For those alarm systems already in existence on the date of this chapter, permits shall be obtained within 90 days of the effective date of this chapter. (B) Every application for an alarm user’s permit shall be accompanied by a fee which shall be fixed, from time to time, by the Board of Supervisors by ordinance. (C) A permit shall be denied by the Sheriff if the alarm system does not comply with this section or the standards adopted under § 9.03.009. (1966 Code, § 20-7) (Ord. 568, § 1(part))

Whenever any changes occur relating to the written information required pursuant to § 9.03.007, the permit holder, shall within five working days, give written notice of the change to the Sheriff’s Department.

(1966 Code, § 20-8) (Ord. 568, § 1(part))

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. Subject to all applicable laws, including, but not limited to Cal. Code of Civil Procedure §§ 1822.50 et seq., the county reserves the right to inspect all alarm systems. (1966 Code, § 20-9) (Ord. 568, § 1(part))

(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 15 minutes. Audible commercial alarm systems shall be equipped with an automatic shut-off mechanism capable of terminating the audible annunciator with a maximum of 30 minutes. Those audible alarms installed prior to the effective date of this chapter will have 90 days to comply with annunciator shut-off requirements in accordance with this chapter. (B) Maintenance notification. The alarm user shall notify the county’s Communications Center Supervisor prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm. Any alarm activated where the prior notice has been given shall not constitute a false alarm. Testing shall be held to the minimum required to ensure proper operation of systems. (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 the actions taken or to be taken to eliminate the cause of the false alarm(s). This report shall be submitted within ten days of the date of request by the Sheriff. (E) Panel alarm connections to County Communications Center. Person(s) seeking alarm connections directly into the county’s Communications Center must first obtain the permission of the county’s Communications Department. (F) Panic alarms. After the effective date of this chapter, no person shall install a panic alarm system for the purpose of contacting and summoning responses or emergency responses from Sheriff’s units. A panic alarm system is one which is manually activated and is designed to notify others of an emergency, but which does not identify what type of emergency information exists. The Sheriff’s Department shall have the right to refuse to respond to panic alarms. The purpose of this subchapter is to encourage the public to utilize the 9-1-1 Enhanced Emergency telephone system for reporting emergencies rather than using panic alarm systems. (1966 Code, § 20-10) (Ord. 568, § 1(part))

(A) When any emergency alarms, messages, signals or notices are received by the Sheriff’s Department showing that an alarm user has failed to meet any of the requirements of this chapter, the Sheriff’s Department is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with the requirements of this chapter. (B) Any person having an alarm system which results in response by Sheriff’s Deputies in which the alarm proves to be false, shall be cited and pay to the county, a fee for the costs of response as follows: (1) If, during any three-month period, false alarms exceed one in number; an assessment shall be paid by the alarm user to the county, which assessment shall be fixed from time to time by the Board of Supervisors by ordinance. (2) More than three alarms during a 12-month period from any alarm system for which an alarm user permit has obtained shall constitute grounds for revocation of the permit. (3) For a period of six months following the installation of a new alarm system, there shall be no cost assessment of costs for the first through third false alarms. Fourth and subsequent false alarms during the initial six-month period shall be subject to cost assessments. (C) An alarm business or alarm agent registered with the Sheriff’s Department shall not call the alarm use or customer in advance of the arrival of the responding Sheriff unit to an activated alarm, until such time as the responding unit clears the call. Any confirmation by telephone shall be made only by the user directly to the Sheriff’s Department, Communications Center or by the Communications Department Dispatcher at the direction of the Sheriff’s units. A dispatch to an activated alarm shall constitute a response to that alarm regardless of whether the alarm company or alarm agent has called the Sheriff’s Department or the Communications Center to cancel the alarm. Any alarm company or alarm agent who violates the provisions hereof either by calling the alarm user, Sheriff’s Department or communications center prior to the arrival and clearing call of the responding unit, shall be liable for $150 cost assessment for each such violation.

(1966 Code, § 20-11) (Ord. 568, § 1(part))

(A) The Sheriff’s Department may refuse to respond to any location of an alarm where: (1) No permit has been obtained; (2) An alarm user’s permit has been suspended or revoked; (3) For violation of any provisions of this chapter; or (4) For any reason pursuant to law. (B) Non-response to an alarm location shall continue until a permit has been obtained, an alarm user’s permit has been reinstated or violation of the provisions of this chapter corrected or eliminated and, if required by the Sheriff’s Department, written documents of the correction or elimination submitted to the Sheriff’s Department. (1966 Code, § 20-12) (Ord. 568, § 1(part))

(A) The violation of any provisions of this chapter by the holder of an alarm user’s permit shall constitute grounds for the suspension or revocation of the permit by the Sheriff’s Department. If an alarm user’s permit is to be suspended or revoked, the Sheriff’s Department shall give written notification to the permit holder at least 72 hours before the effective hour of the suspension or revocation. (B) An alarm user’s permit may be suspended or revoked by the Sheriff’s Department if: (1) The alarm user has failed to pay any costs assessment; (2) The alarm user has had six penalty assessments in any one-year period; or (3) Any person responsible for maintaining or servicing an alarm system refused to respond to the scene and/or reset any alarm. (C) An alarm user whose permit has been suspended or revoked is not precluded from applying for reinstatement of the permit or for a new permit. The Sheriff’s Department is not required to reinstate a permit or issue a new permit unless satisfied that the alarm user’s system has been properly serviced and any deficiencies corrected. The Sheriff’s Department may impose reasonable restrictions and conditions on the reissuance of a permit or the issuance of a new permit to an alarm user with respect to the particular system for which the permit was suspended or revoked. (1966 Code, § 20-13) (Ord. 568, § 1(part))

Any person whose permit has been denied, suspended or revoked by the Sheriff’s Department or who has been cited for costs assessment may appeal the decision to the Board of Supervisors by filing a written notice of appeal with the Clerk of the Board within ten days of the date of notice of denial, suspension or revocation, the Clerk shall place the matter on the agenda for consideration by the Board of Supervisors following the date of receipt of the notice of appeal. The Board of Supervisors shall consider the appeal at the meeting and shall affirm, modify or reverse the decision of the Sheriff’s Department. The decision of the San Benito County Board of Supervisors shall be final and conclusive. (1966 Code, § 20-14) (Ord. 568, § 1(part))

Unless otherwise required by law, 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. (1966 Code, § 20-15) (Ord. 568, § 1(part))

(A) General. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of this code. (B) Violation of chapter; public nuisance. Any violation of this chapter is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code. (C) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate

any public nuisance. Chapter 1.03 of this code is hereby incorporated by reference as though its provisions were fully set forth herein. (1966 Code, § 20-16) (Ord. 568, § 1(part); Ord. 570, § 4(part))