San Mateo Municipal Code Ch. 15.26 Alarm Systems

The purpose of this chapter is to provide for the regulation of nuisance and false alarms so as to alleviate the expenses incurred by the City's taxpayers in responding to and correcting alarms that are not caused by an emergency and for provision of basic definitions and conditions of alarm system installation and maintenance.

As used in this chapter, the following definitions shall apply:

(a) "Alarm system contractor" means a contractor who contracts with an owner, tenant, or lessee of premises to provide, maintain, repair, and/or disconnect alarm transmitting or receiving equipment.

(b) "Audible alarm system" means a system that produces an audible or visible signal at the point of origin.

(c) "Emergency" means an occasion that reasonably calls for a response by the City Police or Fire Departments. A response due to failure of the alarm system, personnel error in transmission or reporting of an alarm, or repair or maintenance of an alarm system is not an emergency.

(d) "False alarm" means an alarm signal necessitating response by the City Police or Fire Departments when an emergency does not exist. The Chief of Police or the Fire Chief, as applicable, or their designated representative shall determine whether an emergency did exist.

(e) "Nuisance alarm" means an alarm that has been emitting a sound continuously for at least two (2) hours or intermittently for at least three (3) hours, and has been reported to the Police Department, Fire Department, or City Communications Center as an annoyance in the vicinity of the alarm, and the owner, the occupant, the tenant, or the lessee of the premises or vehicle where the alarm is originating is not available or able to silence the alarm.

(f) "Remote alarm system" means a system that transmits a silent signal from a location to a remote processing center or other location for retransmission to the City.

(g) "Subscriber" means any person who has retained an alarm system contractor to provide alarm system services of some kind.

Alarm systems shall be maintained in proper working order to prevent false alarms through human error or equipment malfunction.

No person shall use or install any local or audible alarm system that upon activation emits a sound similar to that emitted by sirens in use on any emergency vehicle.

(a) No person shall use or install any local or audible alarm system that upon activation emits a sound similar to that emitted by sirens in use on any emergency vehicle except that such may be used inside a building when the sound cannot be heard outside the building.

(b) It is unlawful to operate an audible alarm system that does not shut off within a maximum time of 15 minutes from the time of activation. Shut off within this time may be accomplished by either an automatic shut off or by manual operation. If the alarm has an automatic shut off with a rearming phase, the rearming phase must be able to distinguish between an open and closed circuit, and shall not rearm if the circuit is broken.

(c) It is unlawful to operate an audible alarm system affixed to a motor vehicle that is not equipped with an automatic shut off that shuts off the alarm within a maximum of 15 minutes from the time of activation.

(a) Police Department. If any premise protected by an audible alarm system or remote alarm system which causes a response of the Police Department has more than one (1) false alarm during any twelve (12) month period, the City and/or Police Department may choose to:

(1) Not respond to an activated alarm from the premises; or

(2) Bill the owner, tenant, or lessee of the premises involved in such subsequent false alarm; or

(3) Both.

A uniform false alarm fee for police Department response shall be established by resolution of the City Council. Any false alarm that occurs during the first two weeks after original installation of the alarm system involved shall not be counted against the false alarm count if the owner of the premises or the person responsible for the installation of the system has notified the Police Department of the installation within ten (10) days of completion of the installation. Upon determination that an alarm is false, the Chief of Police or designated representative will notify the owner of the premises in writing; this requirement is met if a written notice is posted at the property involved. If the Chief of Police determines that the Police Department will no longer respond to activated alarms at the premises concerned, the Chief will notify the owner of the premises in writing.

Any person who contends that the Fire Chief or Chief of Police or their designated representative has erroneously determined that an alarm was a false alarm may, within ten (10) days of receipt of notification of the determination, file a written appeal with the department making that determination. The Chief involved will hold a hearing on the appeal within thirty (30) days of receipt of the appeal, and render a written decision on the appeal within ten (10) days of the hearing. The decision of the Chief on the appeal shall be final and conclusive.

No person shall use any alarm systems that automatically reports an emergency directly to Police Departments. Alarm systems shall report to alarm central stations or on site security for verification. Each call shall be deemed a separate violation.

Any officer or police service aide of the Police Department is authorized to enter on exterior private property areas, and into vehicles on private property or public streets, for the purpose of silencing a nuisance alarm. Forcible entry may be made into vehicles, exterior alarm equipment boxes, and attic and crawlspace vents, in order to silence such an alarm.

(a) The City is authorized to enter into a service agreement with an alarm system contractor to provide twenty-four (24) hour service to silence nuisance alarms. When such a service agreement is in effect, any employee of that alarm system contractor may utilize the authority granted in section 15.26.070 above if accompanied by a police officer or police service aide.

(b) The service agreement may provide that the alarm system contractor shall bill the owner of the nuisance alarm in not more than a reasonable amount for services in silencing the nuisance alarm. The owner of the nuisance alarm is liable to the City's alarm system contractor in a reasonable sum for his or her services in silencing the nuisance alarm. Should the owner fail to pay the sum due the contractor for his or her services, the City may pay the contractor for his or her services, and the City Manager may cause the amount of the payment to become a lien on the owner's property through the procedures provided by Chapter 10.08 of this Code.

Neither the City, its alarm system contractor, nor any of the officers, agents, or employees of the City or the contractor shall be liable in damages to the owner of a nuisance alarm or the lessee, tenant, or owner of the premises or vehicle at which the nuisance alarm was located for silencing the nuisance alarm or for entry on or into his or her property for the purpose of silencing the nuisance alarm, or for any damage resulting from any reasonable efforts to silence the nuisance alarm.