Chapter 4-6 — ALARM SYSTEMS

Article 1 Definitions(Legislative History: Ordinance No. 85-026, 8/19/85; Ordinance No. 94-023, 10/3/ 94 (Section 4-6-100))

For the purpose of this Chapter the following terms phrases, words, and their derivations shall have the meanings hereafter respectively ascribed:

Alarm Agent. "Alarm agent" shall mean any person employed or hired by an alarm business and whose duties include altering, installing, maintaining, moving, repairing, replacing, or servicing an alarm system or responding to same.

Alarm Business. "Alarm business" shall mean any activity carried on by any person operating for any consideration which includes in the sale and installation, maintenance, alteration or servicing of alarm systems or which responds to such alarm systems.

Alarm System. "Alarm system" shall mean any assembly of equipment and devices arranged to signal the presence of any condition upon premises within the City of San Leandro to which an emergency response by public safety personnel would commonly occur. The term "alarm system" shall include any equipment which is designed to detect an emergency or which is designed to be activated by a person to report to an emergency.

Alarm User. "Alarm user" shall mean any person who owns, operates or manages or is entitled to possession or any premises in the City of San Leandro on which an alarm system has been installed and operates.

Audible Alarm. "Audible alarm" shall mean any alarm system, which, when activated, is capable of being heard within the premises and the immediate area thereof.

Automatic Dialing System. "Automatic dialing system" shall mean any alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of a condition upon premises within the City to which an emergency response by public safety personnel would commonly occur.

Central Station. "Central station" shall mean an office to which monitored alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where personnel may be maintained continuously to respond to and investigate signals, and which signaling devices are listed by Underwriters' Laboratory.

False Alarm. "False alarm" shall mean any improper or accidental activation of an alarm system, including, but not limited to, activation due to negligent acts or omissions or to equipment malfunction.

Monitored Alarm System. "Monitored alarm system" shall mean an alarm signaling system which, when activated by an alarm device, transmits a signal to a central station where appropriate action is taken to investigate and respond to the signal.

Article 2

Alarm Business(Legislative History: Ordinance No. 85-026, 8/19/85; Ordinance No. 94-023, 10/3/94 (Sections 4-6-200, 4-6-205, 4-6-210))

§ 4-6-200. (RESERVED)

Each time an alarm business sells, installs, operates, and/or maintains an alarm system within the City of San Leandro, it shall notify the Police Department, in writing, within 10 days thereof. The notice shall include the following:

(a) The name and dispatch telephone number of the alarm business or its alarm agent;

(b) The name of the alarm user and the alarm location address and telephone number.

Article 3

Alarm System(Legislative History: Ordinance No. 85-026, 8/19/85; Ordinance No. 94-023, 10/ 3/94 (Sections 4-6-325, 4-6-335))

It shall be unlawful to buy, sell, install, or operate within the City of San Leandro an audible alarm system which upon activating emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. For the purpose of this section, any electronic sounding device that produces a variable pitch tone shall be considered similar to an emergency vehicle siren. This section shall not apply to sirens mounted inside a building which cannot be heard from outside of the building.

It shall be unlawful to operate an audible alarm system which does not silence within a maximum time of 15 minutes from the time of activation. If the alarm system has an automatic cutoff with a rearming phase, the rearming phase must be capable of distinguishing between an open and closed circuit, and if the circuit is broken, the system shall not rearm.

Each alarm business and alarm agent shall provide accurate and complete written instruction to the alarm system user in the proper use and operation of said system including but not limited to the avoidance of false alarms. All businesses which sell alarm systems, but which are not "alarm businesses" or "alarm agents" as defined in this Chapter are similarly responsible for instructing the buyer of the alarm system in the proper use of said system.

Every audible alarm system shall have a sign or notice posted on or near the audible device with the name and telephone number of the person or company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building.

Upon notification by the San Leandro Police Department, the person or company named in the notice required by Section 4-6-315 of this Chapter or the representative of such person or company shall promptly proceed within at least 30 minutes to the scene of the alarm and render necessary service. This service shall include, when necessary, the opening of the premises so that the origin of the alarm may be determined and appropriate action may be taken.

The provisions prescribed in this section shall apply to all monitored alarm systems whether operated as a silent alarm, audible alarm or a combination of both.

(a) Alarm systems terminating in the communication center or the San Leandro Police
Department shall be restricted to banks, savings and loan associations, credit unions, and
similar organizations, except that alarm users who are considered subject to high risk of crime by the Police Department, in its sole discretion, may receive approval for such
alarms.

(b) It shall be unlawful to buy, sell, install or operate any alarm system which, when activated,
causes an alarm to be sent directly to the San Leandro Police Department by an automatic
dialing system.

(c) It shall be unlawful for anyone to advertise, sell or install an automatic dialing system with
the intent or instructions that said system may be utilized or operated to directly call the
San Leandro Police Department.

(d) Any alarm business or alarm agent which operates a monitored alarm, shall, if notified by
the San Leandro Police Department, provide a representative of the alarm user to respond
within 30 minutes to the scene of the alarm and render necessary service. This service shall
include opening the premises in order that the origin of the alarm may be determined and
appropriate action may be taken.

(e) When the alarm business operating a monitored alarm system notifies the San Leandro
Police Department's communication center of an alarm, the following information shall be
provided:

(1) The exact location of the area covered by the alarm and the name of the business and
the exact building or suite number of the business if located in a multiple unit
structure;

(2) The name and estimated time of arrival of an agent representing the business or
residence who has access to the building and knowledge of the operation of the alarm
system as required in Section 4-6-320;

(3) The name or serial number of the alarm dispatch operator who calls in the alarm to
the Police Department.

All alarm systems shall have a standby backup power supply which will automatically assume the operation of the alarm system should any interruption occur in power to the system. The transfer of power from the primary source to the backup source must occur in a manner which does not activate the alarm.

It shall be the responsibility of the owner or lessee of an alarm system to maintain the system in good repair to assure reliability of operation.

Article 4

False Alarms(Legislative History: Ordinance No. 85-026, 8/19/85; Ordinance No. 90-017, 10/ 1/90 (Section 4-6-400); Ordinance No. 92-034, 10/5/92 (Sections 4-6-400 — 4-6-410); Ordinance No. 94-023, 10/3/94 (Sections 4-6-400, 4-6-405))

(a) No alarm user shall have or permit more than two false alarms at the same premises within any 90 day period.

(b) After the second false alarm at the same premises, the alarm user will be given written notice by mail that any further false alarms within the same time period shall be deemed excessive and a false alarm charge, established by City Council resolution, shall be levied for any such false alarm to which police respond unless no other false alarm occurs for an additional period of 90 days.

(c) Alarm users are responsible for the proper maintenance of their alarm systems. Alarm users are also responsible for the proper training of anyone who has access to their alarmed premises.

(d) Alarm users shall file an "Emergency Information" form with the Police Department annually and notify the Department immediately upon any changes in the status or their alarm emergency notification information.

(a) The amount of any false alarm charge imposed by the provisions of this Chapter shall be deemed a debt to the City.

(b) Such charge plus accumulated interest on unpaid accounts past 90 days at the option of the City:

(1) Shall constitute an assessment against the alarm user's real property and shall be a lien on the property for the amount thereof, which lien shall continue until the amount thereof, including all interest, is paid or until it is discharged of record;

(2) Shall be sent to an outside agency for collection.

During July of each year, the City Manager shall submit to the City Council a report of delinquent false alarm charges. A time, date and place for hearing of the report and any objections or protests thereto shall be fixed by the City Clerk. Not less than 10 days prior to the date of such hearing, the City Manager shall mail written notice thereof to the owner of each of the premises affected thereby, using for this purpose the names and addresses which appear on the last equalized tax assessment roll.

(a) At said hearing the City Council shall hear any objections or protests of owners of premises
liable to be assessed for delinquent charges. The City Council may make such revisions or
corrections to the report as it deems just, after which the report shall be confirmed by
resolution. The delinquent charges set forth in the report as confirmed shall constitute
special assessments against the respective premises and are a lien on the premises for the amounts of such delinquent charges.

(b) Prior to August 10, a certified copy of the confirmed report shall be filed with the County
Auditor, who shall enter each assessment on the tax roll against the respective premises.
Said assessment shall be collected at the same time and in the same manner as ordinary
municipal ad valorem taxes and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for such taxes. All laws applicable
to the levy, collection and enforcement of municipal ad valorem property taxes shall be
applicable to such assessments.

(c) The lien created attaches upon recordation of a certified copy of the confirmed report in the
office of the County Recorder and shall continue until the charges are fully paid.

Article 5
Penalties(Legislative History: Ordinance No. 85-026, 8/19/85; Ordinance No. 90-017, 10/1/90
(Section 4-6-500); Ordinance No. 2002-032, 12/9/02 (Section 4-6-510))

(a) Any person violating any provision of this Chapter shall be guilty of an infraction. Upon conviction or an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code § 36900. After the third conviction for a violation or this Chapter within any 12 month period any subsequent violation within the 12 month period may be punished as a misdemeanor.

(b) For the purpose of this Chapter, each alarm user shall be deemed guilty of a separate offense for each and every false alarm committed or continued by said alarm user in violation of Section 4-6-400.

The provisions of this Chapter shall be applicable to an alarm user who uses, operates or maintains on his or her premises an alarm system installed on or before July 1, 1985, 30 days after the effective date of this Chapter.

Notwithstanding Sections 4-6-400 and 4-6-500, any violations of Subsection 4-6-400 (a), or any other of the provisions of this Chapter are expressly deemed and declared to be a public nuisance, and may be abated in the manner provided by Chapter 1-12.

Article 6

Appeals(Legislative History: Ordinance No. 90-017, 10/1/90 (Section 4-6-600); Ordinance No. 92-034, 10/5/92 (Section 4-6-605); Ordinance No. 94-023, 10/3/94 (Section 4-6-600))

(a) Any alarm user, alarm agent, or alarm business aggrieved by the assessment of any penalty, or by any other administrative decision taken pursuant to any provision of this Chapter, may appeal such decision in writing, within 10 days of the date of any penalty or other decision, to the Police Department. The appeal will be reviewed by the Department's Records Coordinator or the Coordinator's designee and a decision made in writing within 10 days.

(b) Any appeal of the determination of the Records Coordinator may be made to the City Manager or the Manager's designee in accordance with the appeal procedure set forth in Title I, Chapter 9 of this Code.

Any notice herein required shall be deemed as having been served when the notice is posted in the United States Mail in a sealed envelope, postage prepaid and addressed to the person's business or residence address as shown on the records of the City Manager.