San Francisco County Municipal Code Art. 37 Police Emergency Alarm Ordinance

Sec. 3700. Short Title. Sec. 3701. Findings and Statement of Purpose. Sec. 3702. Definitions. Sec. 3703. Motor Vehicle Alarm System. Sec. 3704. Limitations on Audible Alarm Systems. Sec. 3705. Back-up Power Supply. Sec. 3706. Prohibition Against Alarm Systems Which Emit False Alarms. Sec. 3707. License Required; Application; Fee; False Statements; Transferability. Sec. 3708. Alarm License Duration and Renewal. Sec. 3709. Duties of the Alarm User. Sec. 3710. Duties of Alarm Installation Company and Monitoring Company. Sec. 3710.1. Additional Duties of Alarm Installation Company. Sec. 3710.2. Additional Duties of Alarm Monitoring Company. Sec. 3710.3. Collection of License Fee by Alarm Companies. Sec. 3710.4. Liability for Fee. Sec. 3710.5. Interest and Penalties. Sec. 3710.6. Alarm Companies; Failure to Report and Remit Fee; Determination of Fee by Tax Collector. Sec. 3710.7. Refunds. Sec. 3710.8. Failure to Pay Fee; Administrative Remedy. Sec. 3710.9. Administrative Agreements. Sec. 3711. License or Licensing. Sec. 3712. Duties and Authority of the Director of Emergency Management and the Tax Collector. Sec. 3713. License Administration, Suspension and Revocation.

Sec. 3714. Penalties. Sec. 3715. Notification. Sec. 3716. Appeals. Sec. 3717. Reinstatement. Sec. 3718. Enforcement. Sec. 3719. Government Immunity. Sec. 3720. Licenses. Sec. 3721. Initial Implementation. Sec. 3722. Severability.

SEC. 3700. SHORT TITLE. This ordinance shall be known as "The Police Emergency Alarm Ordinance." (Added by Ord. 154-02, File No. 021078, App. 7/12/2002) (Former Sec. 3700 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3701. FINDINGS AND STATEMENT OF PURPOSE. The Board of Supervisors of the City and County of San Francisco finds and declares that: (a) The vast majority of emergency alarms to which law enforcement officials respond are false alarms. Most false alarms are the result of improper maintenance or improper or careless use of an alarm system. (b) The public and the police are subjected to needless danger when the police are called to respond to false alarms. In addition, police officers responding to false alarms are not available to carry out other police duties. In the interest of using limited law enforcement resources most effectively and efficiently, the number of false alarms can and must be reduced. (c) The purpose of this Article is to reduce the dangers and annoyances associated with the use of particular types of alarm systems and to encourage property owners to maintain their systems in good working condition and to use them properly. (d) A prolonged sound from an audible alarm system fixed to a motor vehicle is a public nuisance. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002) (Former Sec. 3701 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3702. DEFINITIONS. In this Article the following terms and phrases shall have the following meanings: (a) "Police" or "Police Department" means the San Francisco Police Department. (b) "Chief of Police" means the Chief of the San Francisco Police Department or his or her designee. (c) "Alarm installation company" means a person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving, or installing an alarm system in an alarm site. (d) "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. (e) "Alarm license" means authorization granted by the Chief of Police to an alarm user to operate an alarm system. (f) "Alarm monitoring company" means a person in the business of providing monitoring services. (g) "Alarm site" means 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. (h) "Alarm system" means a device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement response, including local alarm systems. Except as otherwise

specifically provided in this Article "alarm system" does not include an alarm installed in a vehicle or on someone's person unless the vehicle or the personal alarm is permanently located at a site. Independently controlled alarm systems within the same premises shall constitute separate alarm systems. Alarm devices installed on a temporary basis by the Police Department shall not constitute alarm systems. The Director of the Department of Emergency Management may by regulation exclude low-end local alarm systems that are not intended to summon law enforcement response from some or all of the requirements of this Article. (i) "Alarm user" means any person, who (which) has contracted for monitoring, repair, installation or maintenance service from an alarm installation company or monitoring company for an alarm system, or who (which) owns or operates an alarm system which is not monitored, maintained or repaired under contract. (j) "Arming station" means a device that allows control of an alarm system. (k) "Automatic voice dialer" means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law enforcement, public safety or emergency services agency requesting dispatch. (l) "Cancellation" means the process where response is terminated when a monitoring company (designated by the alarm user) for the alarm site notifies the responding law enforcement officer that there is not an existing situation at the alarm site requiring law enforcement agency response after an alarm dispatch request. (m) "Conversion" means the transaction or process by which one alarm installation company or monitoring company begins the servicing and/or monitoring of a previously unmonitored alarm system or an alarm system previously serviced and/or monitored by another alarm company. (n) "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 law enforcement response. (o) "False alarm" means an alarm dispatch request to a law enforcement agency, when the responding law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site. (p) "Holder alarm" means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress. (q) "Premises" means any land and building located within the City and County of San Francisco except land or buildings owned, rented, or leased to the federal government, the State of California or any political subdivision or agency thereof, or the City and County of San Francisco, including the public schools. (r) "Local alarm system" means any alarm system, which is not monitored, that annunciates an alarm only at the alarm site. (s) "Monitoring" means the process by which a monitoring company receives signals from an alarm system and relays an alarm dispatch request to the municipality for the purpose of summoning law enforcement to the alarm site. (t) "One-plus duress alarm" means the manual activation of a silent alarm signal by entering at an arming station a code that adds one to the last digit of the normal arm/disarm code (e.g., normal code: 1234, one-plus duress code: 1235). (u) "Panic alarm" means an audible alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response. (v) "Person" means an individual, corporation, partnership, association, organization or similar entity. (w) "Responder" means an individual capable of reaching the alarm site within 45 minutes and having access to the alarm site, the code to the alarm system and the authority to approve repairs to the alarm system. (x) "SIA Control Panel Standard CP-01" means the ANSI-American National Standard Institute approved Security Industry Association- SIA CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce the incidence of false alarms. Control panels built and tested to this standard by Underwriters Laboratory (UL), or other nationally recognized testing organizations, will be marked to state: "Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction." (y) "Takeover" means the transaction or process by which an alarm user takes over control of an existing alarm system, which was previously controlled by another alarm user. (z) "Tax Collector" means the Treasurer-Tax Collector of the City and County of San Francisco. (aa) "Verify" means an attempt by the monitoring 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 to determine whether an alarm signal is valid before requesting law enforcement dispatch in an attempt to avoid an unnecessary alarm dispatch request. (bb) "Zones" means division of devices into which an alarm system is divided to indicate the general location from which an alarm system signal is transmitted. (cc) "Department of Emergency Management" and "Director of the Department of Emergency Management" or "Director" mean the Department of Emergency Management and Director of the Department of Emergency Management of the City and County of San Francisco, respectively. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) (Former Sec. 3702 added by Ord. 524-83, App. 11/4/83; re

t" or "Director" mean the Department of Emergency Management and Director of the Department of Emergency Management of the City and County of San Francisco, respectively. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) (Former Sec. 3702 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)

SEC. 3703. MOTOR VEHICLE ALARM SYSTEM. (a) No person shall install, cause to be installed, use, or operate an audible alarm system affixed to a motor vehicle unless the alarm system is equipped with an automatic shutoff which shuts off the alarm within a maximum of five minutes from the time of activation. Such alarm may not emit a sound similar to the sound emitted by sirens in use on emergency vehicles or to those used for civil defense purposes. For purposes of this Section, any variable tone, as opposed to one steady pitch, shall be considered similar to the sound emitted by an emergency vehicle siren. (b) The Police Department is authorized to abate the nuisance of an audible alarm system affixed to a motor vehicle which sounds beyond five minutes by using any means necessary to disconnect the vehicle alarm; provided, however, that a police officer shall attempt to contact the vehicle's owner, by telephone or otherwise, before disconnecting the alarm. The expense of disconnecting the alarm shall be a lien against the motor vehicle and shall be the personal obligation of the owner thereof. (c) Except as provided in this Section, the provisions of this Article are otherwise not applicable to alarm systems affixed to motor vehicles. Audible vehicle alarms are, however, subject to the requirements of Article 29 which prohibits unnecessary, excessive and offensive noise from all sources. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002) (Former Sec. 3703 amended by Ord. 325-84, App. 7/6/84; Ord. 126-96, App. 4/3/96; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3704. LIMITATIONS ON AUDIBLE ALARM SYSTEMS. (a) It shall be unlawful to install or sell an audible alarm system which upon activation emits a sound similar to the sound emitted by sirens in use on emergency vehicles or for civil defense purposes. This does not apply to sirens mounted inside a building which cannot be heard outside the building For purposes of this Section, any variable siren, as opposed to one steady pitch, shall be considered to emit a sound similar to the sound emitted by an emergency vehicle. (b) It shall be unlawful to operate an audible alarm system which does not shut off within a maximum time of 15 minutes from the time activation. This may be accomplished with either an automatic shutoff or by manual operation. If the alarm has an automatic shutoff with a re-arming phase, the re-arming phase must be able to distinguish between an open and closed circuit, and if the circuit is broken the system shall not re-arm. (c) For the purposes of administering Article 29, "regulation of noise," an alarm which does not shut off within the prescribed time is deemed to be unnecessary, excessive and offensive. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002) (Former Sec. 3704 amended by Ord. 325-84, App. 7/6/84; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3705. BACK-UP POWER SUPPLY. Any alarm system installed in San Francisco after January 30, 1984, shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of the normal electric utility service will not activate the alarm system. The power supply must be capable of at least four hours of operation. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002) (Former Sec. 3705 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3706. PROHIBITION AGAINST ALARM SYSTEMS WHICH EMIT FALSE ALARMS. No alarm user shall operate or maintain an alarm system which emits false alarms. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002) (Former Sec. 3706 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3707. LICENSE REQUIRED; APPLICATION; FEE; FALSE STATEMENTS; TRANSFERABILITY.

(a) No alarm user shall operate or cause to be operated, an alarm system at its alarm site without a valid alarm license. A separate alarm license is required for each alarm site. (b) There shall be a fee, to be paid by the alarm user, for an alarm license or an alarm license renewal. There shall be separate license fees for residential and commercial premises, and the fees shall be non-refundable. The initial alarm license fee must be paid to the alarm installation company at the time the alarm system is installed or to the alarm monitoring company at the time the alarm user contracts with the company for monitoring services. If the alarm user does not use an alarm installation or monitoring company, the fee must be submitted to the Tax Collector within five (5) days after the alarm system installation or alarm system takeover. (c) Upon receipt of a completed alarm license application form and the alarm license fee, the Tax Collector shall assign a license number to the applicant unless the applicant has: (1) Failed to pay a penalty assessed under Section 3714; or (2) Had an alarm license for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected. (d) Each alarm license application must include information in a form and fashion specified by the Tax Collector. The application shall be signed by the applicant under penalty of perjury. (e) Any false statement of a material fact made by an applicant for the purpose of obtaining an alarm license shall be sufficient cause for refusal to issue a license. (f) An alarm license cannot be transferred to another person or alarm site. An alarm user shall inform the Tax Collector of any change that alters any of the information listed on the alarm license application within five (5) business days of such change. (g) All fees owed by an applicant must be paid before an alarm license may be issued or renewed. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003) (Former Sec. 3707 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3708. ALARM LICENSE DURATION AND RENEWAL. (a) An alarm license shall expire at 12:01 a.m. on January 1 of each year, and must be renewed every year by submitting a license renewal form and a license renewal fee to the Tax Collector. The alarm user shall submit the license renewal form and license renewal fee through the alarm company, if the alarm user contracts for the services of an alarm company, or directly to the Tax Collector, if the alarm user does not contract for the services of an alarm company. The Tax Collector may authorize the submission of license renewal information by an alarm company or an individual alarm user in electronic form in place of a license renewal form. (b) It is the responsibility of the alarm user to submit an application prior to the license expiration date. Failure to renew will be classified as use of a non-licensed alarm system and citations and penalties, including penalties provided in Sections 3710.5 and 3714, shall be assessed without waiver. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) (Former Sec. 3708 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3709. DUTIES OF THE ALARM USER. (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 have a responder to the alarm system's location within 45 minutes when requested by the Police Department in order to: (A) Deactivate an alarm system; (B) Provide access to the alarm site; and/or (C) Provide alternative security for the alarm site. (3) Not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report. (b) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than fifteen (15) minutes after being activated. (c) An alarm user shall not use automatic voice dialers.

(d) An alarm user shall maintain at each alarm site a set of written operating instructions for each alarm system. (e) In order to reduce false alarms due to initial equipment problems, alarm users may agree with their alarm installation company and/or monitoring company to go through an "acclimation period" for the first seven (7) days after installation of an alarm system during which time the alarm installation company and/or monitoring company will have no obligation to and will not respond to an alarm signal from the alarm site and will not make an alarm dispatch request to the Department of Emergency Management, even if the alarm signal is the result of an actual alarm event. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) (Former Sec. 3709 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3710. DUTIES OF ALARM INSTALLATION COMPANY AND MONITORING COMPANY. (a) The alarm installation company shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. The instructions will specifically include all instructions necessary to turn the alarm system on and off and to avoid false alarms. (b) Upon the effective date of this Article, alarm installation companies shall not program alarm systems so that they are capable of sending one-plus duress alarms. Monitoring companies may continue to report one-plus duress alarms received from alarm systems programmed with one-plus duress alarms prior to enactment of this Article. However, upon the effective date of this Article, when a takeover or conversion occurs or if an alarm user requests an alarm system inspection or modification pursuant to Section 3709(c) of this Article, an alarm installation company must remove the one-plus duress alarm capability from such alarm systems. (c) Upon the effective date of this Article, alarm installation companies shall not install a device to activate a false alarm, which is a single action, non-recessed button. (d) Ninety (90) days after enactment of this Article, and conditioned upon reasonable availability, the alarm installation companies shall on new installations, use only alarm control panel(s) which meet SIA Control Panel Standard CP-01. (e) An alarm company shall not use automatic voice dialers. (f) After completion of the installation of an alarm system, an alarm installation company employee shall review with the alarm user a Customer False Alarm Prevention Checklist approved by the Director of the Department of Emergency Management. (g) In order to reduce false alarms due to initial equipment problems, the monitoring company may agree with the alarm user not to make an alarm dispatch request of the Department of Emergency Management in response to a burglar alarm signal, excluding panic, duress and holdup signals, during the first seven (7) days following an alarm system installation. (h) A monitoring company shall: (1) Report alarm signals using telephone numbers designated by the Director of the Department of Emergency Management; (2) Verify every alarm signal, except a panic, duress or holdup signal, before requesting a law enforcement response; (3) Communicate alarm dispatch requests to the Department of Emergency Management in a manner and form determined by the Director of the Department of Emergency Management; (4) Communicate cancellations to the Department of Emergency Management in a manner and form determined by the Director of the Department of Emergency Management; (5) Ensure that all alarm users of alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the alarm; (6) Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the alarm dispatch request; (7) Communicate type of alarm activation (silent or audible, interior or perimeter); (8) Provide an alarm user license number when requesting Department of Emergency Management dispatch; (9) After an alarm dispatch request, promptly advise the Department of Emergency Management if the monitoring company knows that the alarm user or the responder is on the way to the alarm site; (10) Attempt to contact the alarm user or responder within 24 hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and (11) Upon the effective date of this Article, monitoring companies must maintain for a period of at least one (1) year from the date of the alarm dispatch request, records relating to alarm dispatch requests. Records must include the name, address and telephone number of the alarm user, the alarm license number, the alarm system zone(s) activated, the time of alarm dispatch request and evidence of an attempt to verify. The Director of the Department of Emergency Management may request copies of such records for individually named alarm users. If the request is made within sixty (60) days of an alarm dispatch request, the monitoring company shall furnish requested records within three (3) business days of receiving the request. If the records are requested between sixty (60) days to one (1) year after an alarm dispatch request,

the monitoring company shall furnish the requested records within thirty (30) days of receiving the request. (i) An alarm installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the Tax Collector of such purchase and provide details as may be reasonably requested by the Tax Collector. (j) Each alarm installation and alarm monitoring company shall, upon request, provide a copy of this Article to any new customer with whom it contracts to install and/or monitor an alarm system. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) (Former Sec. 3710 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)

(a) An alarm installation company shall not install an alarm for a customer who does not have a current valid license under this Article, provided, however, that the installation company may provide the customer with a license application form, and shall accept from the customer the completed form and the applicable license fee on behalf of the Tax Collector, after which the company may install the alarm system. (b) No later than last day of each month following the month of collection or receipt, the installation company shall remit to the Tax Collector as a single check all license fees collected and completed license applications received. Remittance reports shall be in a format approved by the Tax Collector and shall include the name, license number, and alarm system location of each alarm user who has paid the fee and any other information required by the Tax Collector. (c) The alarm installation company shall maintain its records in such a manner so as to be able to cross-reference the alarm user's name, the alarm system's location, and the license number assigned by the Tax Collector. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 297-04, File No. 041336, App. 12/24/2004)

(a) An alarm monitoring company shall not service a new customer who does not have a current valid license under this Article, provided that the monitoring company may provide the customer with a license application form and shall accept from the customer the completed form and the applicable license fee on behalf of the Tax Collector, after which the company may service the alarm system. (b) No later than December 1 of each year, and beginning in 2005, no later than November 1 of each year, an alarm monitoring company doing business in San Francisco shall notify each of its customers of the license renewal for the following year and shall bill such customers for the license fee required under this Article. Such bill shall be due and payable in not more than 30 days. The notification may be part of the company's regular billing or a separate notice, and shall be in a form approved by the Tax Collector. The company shall also provide the customer with a copy of the license renewal form. The alarm monitoring company shall be responsible for collecting the license renewal fee from the customer. (c) No later than last day of each month following the month of collection or receipt, the monitoring company shall remit to the Tax Collector as a single check all license fees collected, completed license renewal forms received or license renewal information in electronic form if authorized by the Tax Collector, and a list of customers who have not paid the fee. Remittance reports shall be in a format approved by the Tax Collector and shall include the name, license number, and alarm system location of each alarm user who has paid the fee, and any other information required by the Tax Collector. (d) The alarm monitoring company shall maintain its records in such a manner so as to be able to cross-reference the alarm user's name, the alarm system's location, and the license number assigned by the Tax Collector. (e) The billing and remittance provisions of this Section shall only apply to a monitoring company that has a direct contractual relationship with the alarm user. If a monitoring company has no such direct contractual relationship, and instead provides monitoring services pursuant to a subcontract with the alarm installation company or any other person or company, then the installation or other such person or company shall be responsible for meeting the billing and remittance requirements of this Section. However, the monitoring company shall continue to be responsible for complying with all other applicable provisions of this Article, including, but not limited to, the requirements of Section 3710. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 297-04, File No. 041336, App. 12/24/2004; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013)

(a) Alarm installation and monitoring companies shall hold fee revenues in trust for the City and shall remit the revenues collected as the fee to the Tax Collector as provided in this Article.

(b) The fees collected by alarm companies under this Article shall be stated separately in the alarm companies' billings to their customers. (c) If the amount paid by a customer is less than the full amount of the charges for service and the license or license renewal fee which have accrued for the billing period, and if the customer remitting has not indicated how to allocate the payment as between alarm company service charges and alarm license fees, then a proportionate share of both the charges for service and the fee shall be deemed to have been paid. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003)

(a) Any fee required to be paid by an alarm user under the provisions of this Article shall be deemed a debt owed by the alarm user to the City until it has been paid to the City, except that proof of actual payment to an alarm company is sufficient to relieve the alarm user from further liability for the fee. (b) Any fee required to be collected by an alarm company under the provisions of this Article shall be deemed a debt owed to the City and County of San Francisco by the company required to collect and remit such fee, if the alarm company has failed to take reasonable steps to collect the fee. A company will be deemed to have taken reasonable steps if, at a minimum, it bills the alarm user, waits 30 days, timely bills the user a second time, and then informs the City of the user's continued nonpayment. (c) Whenever an alarm company remits funds collected as a license or license renewal fee to the City, the alarm company shall also provide the City with the name and address of any customer refusing or failing to pay the fee for a period of one or more billing periods and shall state the amount of such fee remaining unpaid, and such other information as the Tax Collector may require. The Tax Collector may assume responsibility for collection of any fees due and payable for the stated periods and demand payment of such fees, plus administrative costs, interest, and penalties, if any. (d) Any person owing money to the City under the provisions of this Article shall be liable in an action brought in the name of the City and County for the recovery of such amount. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 297-04, File No. 041336, App. 12/24/2004)

(a) Any fee or false alarm penalty not paid by the due date is delinquent. (b) Alarm User. Failure by an alarm user to pay any fee or false alarm penalty herein imposed shall result in the following interest and penalties on the alarm user: (i) If a license fee or false alarm penalty is not paid within 30 days after the same becomes due, the Tax Collector shall add 50 percent to the amount of the stated fee or penalty as a penalty for non-payment. (ii) In addition to the penalties imposed in this Subsection (b), any alarm user who fails to pay any fee or false alarm penalty imposed by this Article, shall pay interest on the amount of the fee or penalty, exclusive of late payment penalties, plus an additional collection charge for each delinquent account in an amount to be determined by rules and regulations of the Tax Collector. The Tax Collector shall establish collection charges sufficient to reimburse the costs incurred by the City for collecting delinquent fees or penalties. Interest shall be paid at the rate of one percent per month, or fraction thereof. Interest and collection charges shall accrue 90 days after the original due date. (iii) The penalties, interest and collection charges imposed in this Subsection (b) shall not be collected by the alarm company, but shall be determined and collected by the City and County as set forth hereinafter. (c) Alarm Companies. Interest and penalties for delinquency in remittance of any fee not remitted shall be assessed as follows: (i) Any alarm company who fails to remit any fee imposed by this Article within 10 days after receipt of written notice from the Tax Collector of such failure shall pay a penalty of 10 percent of the amount of the fee. (ii) If the Tax Collector determines that the nonpayment of any remittance due hereunder is due to fraud or an intentional disregard of the provisions of this Article or of any applicable rule or regulation of the Tax Collector, a penalty of 100 percent of the amount of the fee shall be added thereto in addition to the penalty stated in subparagraph (i) of this Subsection. (iii) In addition to the penalties imposed in this Subsection (c), any alarm company who fails to remit any fee imposed by this Article shall pay interest on the amount of the fee, exclusive of penalties, from the date on which the remittance first became delinquent until paid. Interest shall be paid at the rate of one percent per month, or fraction thereof. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003)

DETERMINATION OF FEE BY TAX COLLECTOR. (a) If any alarm company shall fail or refuse to make, within the time provided in this Article, any report and remittance of said fee or any portion thereof required by this Article, the Tax Collector may make a determination based upon an estimate of the total liability of the alarm company. The estimate shall be made for the period or periods in respect to which the alarm company failed to timely make a return or failed to timely remit any fees, and may be based upon any information which is in the Tax Collector's possession or may come into his or her possession. Upon the basis of this estimate, the Tax Collector shall compute and determine the amount required to be paid to the City and County, adding to the sum interest and penalties provided by this Article. (b) In case such determination is made, the Tax Collector shall give a notice of the amount so assessed by serving the determination personally or by depositing it in the United States mail, postage prepaid, addressed to the alarm company so addressed at its last known place of address. Such alarm company may within 10 days after the serving or mailing of such notice make application in writing to the Tax Collector for a hearing to protest the determination. (c) If application by the alarm company for a hearing is not made within the time prescribed, the fee, interest and penalties, if any, determined by the Tax Collector shall become final and conclusive and immediately due and payable. If such application is made, the Tax Collector shall forward such application to a hearing officer, giving not less than five days' written notice in the manner prescribed herein to the alarm company to show cause at a time and place fixed in said notice why the amount specified in the determination should not be fixed for such fee, interest and penalties. At such hearing, the alarm company may appear and offer evidence why such specified fee, interest and penalties should not be so fixed. After such hearing, and in accordance with the decision reached by the hearing officer therein, the Tax Collector shall determine the proper fee to be remitted and shall thereafter give written notice to the alarm company in the manner prescribed herein of such determination and the amount of such fee, interest and penalties. The amount determined to be due shall be payable within 15 days. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013)

(a) An alarm company may claim a refund, or claim a credit against fees to be collected and remitted under this Article 37, of the amount overpaid or paid more than once or erroneously or illegally collected or received by the City by, within one year of the payment of such amount: (1) filing a claim for refund in writing with the Controller; or (2) filing a request for refund or credit in writing with the Tax Collector; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the fee so collected has either been refunded to the person entitled thereto or credited to the charges subsequently payable by such person to the alarm company. The statute of limitations for filing a claim for refund with the Controller under subsection (a)(1) shall not be tolled and shall continue to run while a person’s request for refund under subsection (a)(2) is pending. (b) An alarm user may obtain a refund of fees overpaid or paid more than once or erroneously or illegally collected or received by the City by, within one year of the payment of such amount: (1) filing a claim for refund in writing with the Controller; or (2) filing a request for refund in writing with the Tax Collector; provided, however, that this subsection (b) shall apply only when the fee was paid by the alarm user directly to the Tax Collector, or when the alarm user, having paid the fee to the alarm company, establishes to the satisfaction of the Tax Collector that the alarm user has been unable to obtain a refund from the alarm company who collected the fee. The statute of limitations for filing a claim for refund with the Controller under subsection (b)(1) shall not be tolled and shall continue to run while a person’s request for refund under subsection (b)(2) is pending. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 28-26, File No. 251165, App. 2/27/2026, Eff. 3/30/2026)

(a) If the Tax Collector determines that alarm user has deliberately withheld the amount of the fee to be remitted to an alarm company or that an alarm user has failed to pay the amount of the fee for a period of one or more billing periods, or if the Tax Collector deems it in the best interest of the City and County, he or she may assume responsibility for collection of fees due under this Article from certain named alarm users for specified billing periods. The Tax Collector shall notify the alarm user that the Tax Collector has assumed responsibility for collection of the fees due and payable for the stated periods and demand payment of such fees. The notice shall be served on the alarm user by handing it to him or her personally or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the alarm user at the address to which billing was made by the alarm company, or, should the alarm user have changed his or her address, to his or her last known address. (b) If an alarm user fails to remit the fee to the Tax Collector, the alarm user shall be subject to the interest and penalties provided in Section 3710.5, in addition to any other penalty imposed by this Article. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003)

The Tax Collector may make administrative agreements with alarm companies to vary the strict requirements of this Article so that collection and/or remittance of any fee imposed herein may be made in conformance with the billing procedures of a particular alarm company so long as the overall result of said agreements results in the timely collection and remittance of the fee in conformance with the general purpose and scope of this Article. A copy of each such agreement shall be on file and available for public examination in the Tax Collector's office. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003) SEC. 3711. LICENSE OR LICENSING. All alarm installation companies and monitoring companies shall maintain any license required under state or local law. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002) SEC. 3712. DUTIES AND AUTHORITY OF THE DIRECTOR OF EMERGENCY MANAGEMENT AND THE TAX COLLECTOR. (a) The Tax Collector shall have general responsibility for publicizing the existence and requirements of this Article. (b) The Director of the Department of Emergency Management shall designate a manner, form and telephone numbers for the communication of alarm dispatch requests, and shall establish a procedure to accept cancellation of alarm dispatch requests. The Director shall establish a procedure to record information on alarm dispatch requests including, but not limited to, the information listed below. (1) Identification of the license number for the alarm site; (2) Identification of the alarm site; (3) Date and time alarm dispatch request was received, including the name of the monitoring company and the monitoring operator name or number; (4) Date and time of police officer arrival at the alarm site; (5) Zone and zone description, if available; (6) Name of alarm user's representative at alarm site, if any; (7) Whether responding police officer was unable to locate the address of the alarm site; and (8) Cause of alarm signal, if known. (c) The Tax Collector shall establish a procedure for the notification to the alarm user of a false alarm. The notice shall include the following information: (1) The date and time of Police Department response to the false alarm; (2) The identification number of the responding police officer; and (3) A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting penalties. (d) The Director of the Department of Emergency Management may require an alarm user to remove an alarm device that is a single action, non-recessed button, if a false alarm has occurred. (e) The Tax Collector will provide a copy of this Article and/or an Article summary sheet to the alarm user upon request. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) SEC. 3713. LICENSE ADMINISTRATION, SUSPENSION AND REVOCATION. (a) Except where this Article or a rule or regulation of the Tax Collector provides to the contrary, all alarm licenses issued under the

provisions of this Article shall be administered under the applicable provisions of Article 1 of the San Francisco Business and Tax Regulations Code, except as otherwise provided in this Article. (b) The Department of Emergency Management and the Tax Collector may adopt such rules, regulations, and procedures as he or she determines necessary for his or her department to administer the functions assigned to his or her department under this Article. (c) Any license issued under this Article may be suspended or revoked for good cause by the Tax Collector. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) SEC. 3714. PENALTIES. (a) No penalty shall be assessed for the first false alarm from an alarm system during the calendar year. Thereafter, the alarm user shall pay a penalty for each subsequent false alarm from the same alarm system during the calendar year, based upon the following schedule:

Number of False Alarms Penalties 1 no penalty 2 $100 3 $150 per alarm 4 $200 per alarm 5 $250 per alarm

(b) In addition to the penalties provided in subsection (a), any person operating a non-licensed alarm system will be subject to a penalty of $100, as well as a penalty of $250 for each false alarm, including the first false alarm during the calendar year. A non-licensed alarm system includes a system for which a license has not been obtained or for which a license has been suspended or revoked. The Tax Collector may waive the first $100 penalty for a non-licensed system if the alarm user submits an application for alarm license (or for reinstatement of a license) within ten (10) days after notification of such violation. (c) If cancellation occurs prior to the Police Department arriving at the scene, the Tax Collector may determine that the cancellation will not be counted as a false alarm for the purpose of assessing penalties. (d) The alarm installation company will be subject to a penalty of $250 if the officer responding to the false alarm determines that an on- site employee of the alarm installation company directly caused the false alarm. In this situation, the false alarm will not be counted against the alarm user. (e) The monitoring company will be issued a penalty of $250 for each failure to verify alarm system signals as specified in Section 3710(h)(2). (f) The alarm installation or monitoring company will be issued a penalty of $500 if the Tax Collector determines that an alarm installation or monitoring company employee knowingly made a false statement relating to its duties and obligations under this Article, including but not limited to statements concerning the inspection of an alarm site or the performance of an alarm system. (g) Any penalty imposed under this Section shall be subject to the collection and enforcement provisions of Sections 3710.5 and 3718, including late payment penalties and accrual of interest. The Tax Collector may enforce the provisions of this Article by administrative citation, as provided in Sections 6.19-3 et seq. of the Business and Tax Regulations Code. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) SEC. 3715. NOTIFICATION. (a) The Tax Collector shall notify the alarm user in writing after each false alarm. The notification shall include: the amount of the penalty for the false alarm, and a description of the appeals procedure available to the alarm user. (b) The Tax Collector will notify the alarm user and the alarm installation company or monitoring company in writing after an alarm license has been suspended or revoked. This notice will include the reason(s) for the suspension or revocation, any outstanding fees or penalties, any outstanding corrective actions required by the Tax Collector, and a description of the appeals procedure available to the alarm user and the alarm installation company or monitoring company. (c) Notice shall be by first class mail to the alarm user within fifteen (15) days of police response to a false alarm or to the alarm user and the alarm installation company or monitoring company within fifteen (15) days after an alarm license has been suspended or revoked. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013)

SEC. 3716. APPEALS. (a) If the Tax Collector revokes or suspends an alarm license, assesses a penalty, or denies the issuance, renewal or reinstatement of an alarm license, the Tax Collector shall send written notice of the action and a statement of the right to an appeal to either the affected applicant or alarm user and the alarm installation company and/or monitoring company. (b) The alarm user, alarm installation company or monitoring company may, within 15 days from the date the assessment of a fee or a license revocation is served, protest the assessment of the fee or license revocation by either (1) requesting a hearing to be conducted by mail, or (2) requesting an in-person hearing. If a protest is not filed within 15 days as provided in this Section, the decision of the Tax Collector shall be final. (1) Hearing by Mail. An alarm user, alarm installation company or monitoring company may protest the assessment of a fee or license revocation by paying the fee, if any, and requesting a hearing to be conducted by mail from the Tax Collector. The request must be made in writing, in the format prescribed by the Tax Collector. Protests must be mailed together with the fee, if any, to the Office of the Treasurer & Tax Collector at the address provided on the assessment of a fee or license revocation. The request for a hearing by mail must specify the basis for the protest in detail and must be accompanied by evidence supporting the protest. The Tax Collector may request that the protesting party provide any additional information necessary to decide the validity of the assessment of a fee or license revocation. The Tax Collector shall evaluate the protest and notify the protesting party of the decision by mail within 30 days of receipt by the Tax Collector of all information and evidence. The notice shall include a copy of the Tax Collector's written determination. The Tax Collector's decision shall be final. (2) In-Person Administrative Hearing. An alarm user, alarm installation company or monitoring company may protest the assessment of a fee or license revocation by paying the fee, if any, and filing a petition for redetermination pursuant to Section 6.13-1 of the Business and Tax Regulations Code. A hearing on the petition for redetermination of an assessment of a fee or license revocation shall proceed in the same manner as a petition for redetermination of a tax. Any reference in Sections 6.13-1 et seq. to taxes, penalties or interest shall be deemed to also apply to the hearing of an assessment of a fee or license revocation under this Article. If the protesting party fails to appear for the hearing, a default judgment shall be entered against the party. The party will automatically be deemed liable for the fee or to have consented to the license revocation, together with any additional fees and interest. (3) In any hearing conducted under subsections (b) (1) or (b)(2), the burden of proof shall be on the person protesting the assessment of a fee or license revocation to demonstrate that the assessment of the fee or the revocation of the license was arbitrary and capricious or beyond the jurisdiction of the Tax Collector. (c) The Tax Collector or the hearing officer may adjust the count of false alarms based on: (1) Evidence that a false alarm was caused by an Act of God; (2) Evidence that a false alarm was caused by action of the telephone company; (3) Evidence that a false alarm was caused by a power outage lasting longer than four (4) hours; (4) Evidence that the alarm dispatch request was not a false alarm; (5) Evidence that the police officer response was not completed in a timely fashion; and/or (6) In determining the number of false alarms, multiple alarms occurring in any twenty-four (24) hour period may, in the Tax Collector's or the hearing officer's discretion, be counted as one false alarm, to allow the alarm user time to take corrective action unless the false alarms are directly caused by the alarm user. (e) With respect to penalties imposed against an alarm installation company or monitoring company, the Tax Collector or the hearing officer may take into consideration whether the alarm company had engaged in a pattern of violations. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) SEC. 3717. REINSTATEMENT. (a) A person whose alarm license has been revoked or suspended may, at the discretion of the Tax Collector, have the alarm license reinstated if the person: (1) In the case of revocation, submits a new application and pays a reinstatement fee equal to one-half of the license renewal fee; (2) Pays, or otherwise resolves, all outstanding fees and penalties; and (3) Submits a certification from an alarm installation company, stating that the alarm system has been inspected and repaired (if necessary) by the alarm installation company. (b) In addition, the Tax Collector may require one or more of the following as a condition to reinstatement: (1) Proof that an employee of the alarm installation company or monitoring company caused the false alarm; (2) Upgrade the alarm control panel to meet SIA Control Panel Standard CP-01;

(3) A written statement from an independent inspector designated by the Tax Collector that the alarm has been inspected and is in good working order; (4) Confirmation that all motion detectors are "dual technology" type; (5) Confirmation that the alarm system requires two independent zones to trigger before transmitting an alarm signal to the monitoring company; (6) Confirmation that the alarm system requires two independent detectors to trigger before transmitting an alarm signal to the monitoring company; (7) Certification that the monitoring company will confirm the need for police response by a listening device; (8) Certification that the monitoring company will confirm the need for police response by a camera device; or (9) Certification that the monitoring company will confirm the need for police response by a person at the alarm site. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) SEC. 3718. ENFORCEMENT. (a) Any fee or penalty imposed under this article shall be delinquent 30 days after the same becomes due or a decision has been issued in an appeal under the Article, whichever occurs later. Penalties for late payment, in part or in full, shall accrue at the rate of one (1) percent each month, compounded. (b) Any fee or penalty imposed under this Article shall be deemed a debt to the City and County of San Francisco. An action may be commenced in the name of the City and County of San Francisco in any court of competent jurisdiction for the amount of any delinquent fees or penalties and court costs as deemed reasonable. (c) The City and County of San Francisco may create and impose liens against any property owned or operated by a person who fails to pay any fee or penalty imposed under this Article. Liens shall be imposed and collection pursuant to the procedures provided in Article XX of Chapter 10 of the San Francisco Administrative Code. (d) In addition to any other penalties provided by the law, the City Attorney may bring a civil action and/or seek injunctive relief to enforce the provisions of this Article. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003) SEC. 3719. GOVERNMENT IMMUNITY. Issuance of an alarm license is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm license, the alarm user acknowledges that law enforcement response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history. (Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003) SEC. 3720. LICENSES. (a) The alarm license fee (original or annual renewal) for a commercial premises shall be $60. The alarm license fee (original or annual renewal) for a residential premises shall be $40. The license shall be pro-rated, on a quarterly basis, for new licenses obtained after February 1. (b) Beginning with fiscal year 2003-2004, the fees set in this Section may be adjusted, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Tax Collector shall submit the current fee schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule for the following year; provided, however, that the fees shall only be adjusted in five-dollar increments, when cumulative changes in the Consumer Price Index since the last fee adjustment justify an increase or decrease of at least five dollars. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and certifying that: (a) the fees produce sufficient revenue to support the costs of providing the services for which each fee is assessed, and (b) the fees do not produce revenue which is significantly more than the costs of providing the services for which each fee is assessed.

(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 297-04, File No. 041336, App. 12/24/2004; Ord. 175-13 , File No. 130551, App. 8/2/2013, Eff. 9/1/2013) SEC. 3721. INITIAL IMPLEMENTATION. (a) On the effective date of this ordinance, every alarm monitoring company doing business in San Francisco shall send to the Tax Collector a complete list of its customers with alarm systems located in San Francisco; the list shall be in a format acceptable to the Tax Collector. The list shall include: the name of each customer, the customer's billing address, the location(s) of the alarm system(s), and such other information as the Tax Collector may request. The customer lists shall be kept confidential to the full extent allowed by law. (b) No later than March 1, 2003, every alarm monitoring company doing business in San Francisco shall notify and bill each of its customers for the license fee required under this Article. This bill shall be due and payable within 30 days. The bill may be part of the company's regular billing or a separate billing, and shall be in a form approved by the Tax Collector. The company shall also provide the customer with a copy of the license application form. No later than April 1, 2003, the company shall send a follow-up notice to its customers who have not yet paid the fee in full. The company shall be responsible for collection of the license fee from the customer. (c) No later than May 1, 2003, the alarm monitoring companies shall remit to the Tax Collector all license fees collected, all completed license applications received, as well as a list of customers who have not paid the fee in full and a list of customers who paid after April 1, 2003. (d) Notwithstanding the provisions of Section 3720(a), license fees for existing customers of alarm monitoring companies as of March 1, 2003 shall not be prorated for calendar year 2003. (Added by Ord. 30-03, File No. 021995, App. 2/28/2003) (Former Sec. 3721 added by Ord. 154-02, File No. 021078, App. 7/12/2002; renumbered as Sec. 3722 by Ord. 30-03, File No. 021995, App. 2/28/2003) SEC. 3722. SEVERABILITY. The provisions of this Ordinance are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision. (Added as Sec. 3721 by Ord. 154-02, File No. 021078, App. 7/12/2002; renumbered by Ord. 30-03, File No. 021995, App. 2/28/2003)