Santa Ana Municipal Code § 10-279 Alarm system regulations

The City of Santa Ana hereby finds and determines that the regulation of alarm systems and the control of false alarms is necessary to promote the health, welfare and safety of the people in that some of the public are using alarm systems which either mechanically malfunction or are not operated properly by their users, causing an increase in false alarm reports thereby constituting a hazard to the safety of peace officers and the public in general.

(Ord. No. NS-1585, § 1, 6-1-81)

For the purpose of this article, the following definitions shall apply:

(a) Alarm system is any device designed for the detection of an unauthorized entry on any premises or for alerting others of the commission of an unlawful act, or both; and when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and to which police are expected to respond.

(b) Alarm business shall mean any person, firm, or corporation conducting or engaging 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.

(c) Alarm agent shall mean any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: Selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises.

(d) Audible alarm is a device designed for the detection of the unauthorized entry on or attempted entry into a premise or structure or for alerting others of the commission of an unlawful act or both, and which, when actuated, generates an audible sound on the premises.

(e) Alarm user shall mean any person using an alarm system at his place of business or residence.

(f) Direct dial telephone device (automatic dialing device) is any device which is interconnected to a voice grade telephone line and is programmed to select a predetermined telephone number and transmits by pre-recorded voice message or code signal an emergency message indicating a need for emergency response.

(g) False alarm shall mean the activation of an alarm system necessitating response by the police department where an emergency situation for which the alarm system was designed or used does not exist.

(h) Person shall mean any individual, partnership, corporation, or other entity.

(i) Residential means premises used as dwelling units which includes apartments and lodging houses.

(j) Business means any nonresidential use.

(Ord. No. NS-1585, § 1, 6-1-81)

It shall be unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on an alarm business within the City of Santa Ana without first having registered with the police department; provided, however, such registration shall not be required for any business which only sells or leases said alarm systems from a fixed location unless such business services, installs, monitors or responds to alarm systems at the protected premises. Registration shall be accomplished by furnishing such information as may be required by the police department, including but not limited to the full name of the business, the number of the license issued by the state director of consumer affairs for the alarm business, and the name and business address of the manager of operations for the area which includes the city or Santa Ana.

(Ord. No. NS-1585, § 1, 6-1-81)

It shall be unlawful for any person, including the owners of an alarm business, to act as an alarm agent within the City of Santa Ana without first having registered his or her name and filed with the chief of police a copy of the alarm agent registration card issued to him by the state director of consumer affairs pursuant to the provisions of Section 7514(g) of the California Business and Professions Code; provided, however, nothing herein shall require a person to so register in order to install, service, repair, alter, replace, or move an alarm system on the premises owned or occupied by that person; and further provided, nothing herein shall require a person to so register who is merely a salesperson for any business not required to obtain an alarm business license under the provisions of section 10-272 if such salesperson does not engage in any other activities related to alarm systems apart from selling.

(Ord. No. NS-1585, § 1, 6-1-81; Ord. No. NS-2196, § 1, 5-17-93)

Any alarm business or alarm agent registered with the police department shall report within five (5) working days to the chief of police any change of address, ownership, name of business or location of business.

(Ord. No. NS-1585, § 1, 6-1-81)

Every person acting as an alarm agent within the City of Santa Ana shall carry on his or person at all times while so engaged a valid State of California alarm agent's registration card and shall display such card to any police officer upon request.

(Ord. No. NS-1583, § 1, 6-1-81)

No person shall install, or cause to be installed, used, maintain, or possess an alarm system on any business or residential premises owned or in the possession or control of such person within the City of Santa Ana without first having obtained an alarm user's license from the chief of police in accordance with this section. The application for an alarm user's license shall be filed with the chief of police. The chief of police shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the license application. The application shall include the address of the business or residential premises where the system is to 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. Every application for an alarm user's license shall be accompanied by payment of a fee for such amount as shall be established by resolution of the city council.

(Ord. No. NS-1585, § 1, 6-1-81; Ord. No. NS-2196, § 2, 5-17-93)

Whenever any change occurs relating to the written information as may be required in section 10-276, alarm user's license, the license holder or his designate shall give written notice of such change to the chief of police within five (5) working days.

(Ord. No. NS-1585, § 1, 6-1-81; Ord. No. NS-2196, § 3, 5-17-93)

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 city council of the City of Santa Ana. The city reserves the right to inspect all alarm systems subject to all applicable laws including Code of Civil Procedure Section 1822.50, et seq.

(Ord. No. NS-1585, § 1, 6-1-81)

(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 fifteen (15) minutes. Audible commercial alarm systems shall be equipped with an automatic shut-off mechanism capable of terminating the audible annunciator after activation within the maximum of thirty (30) minutes. Those audible alarms installed prior to the effective date of this section not capable of turning off the annunciator shall have until one (1) year from and after this section becomes effective to comply.

(b) Maintenance notification. The alarm user shall contact the police department's communication 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 such prior notice has been given shall not constitute a false alarm.

(c) Power supply. Alarm systems shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least four (4) 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 shall be disconnected while repairs are made.

(e) Direct dial telephone devices. On or after the effective date of this article, no person shall install any alarm system which directly dials any telephone number of the Santa Ana Police Department except as may hereafter be designated by the chief of police. Any existing alarm system of this type will have ninety (90) days from the effective date of this article to comply by reprogramming to another source.

(Ord. No. NS-1585, 1, 6-1-81)

(a) When any emergency alarms, messages, signals or notices are received by the police department showing that an alarm user has failed to meet any of the requirements of this article, the chief of police is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with said requirements.

(b) Except as otherwise provided in subsections (c) and (d) of this section, any person having an alarm system which results in a police response in which the alarm proves to be a false alarm shall pay a penalty assessment fee to the city in such amount as shall be established by resolution of the city council. The penalty assessment for false alarms from alarms designed to be activated while the business is open and/or occupied and requiring activation by an employee, or a residential alarm designed to be activated by the tenant from within the residence, which indicate the commission of a crime defined by California Penal Code Section 211 (Robbery) may be higher than the penalty assessment for other false alarms.

(c) Except for robbery and/or panic false alarms for commercial establishments, which shall be assessed a penalty on the first activation, penalty assessments shall only be made for false alarms which number more than one (1) in a 12-month period. This 12-month period is determined by the date of the most recent false alarm.

(1) On the sixth false alarm occurring within a 12-month period, a written warning will be issued with an invoice stating that two (2) or more false alarms within the 12-month period will result in automatic non-response status.

(2) On the eighth false alarm occurring within a 12-month period, the location will automatically be placed on non-response status until all fees are paid and written proof of correction (alarm company work order) and a written request by the user requesting reinstatement is received by the city.

(d) Commencing with the date of a new alarm installation and for six (6) months thereafter, there shall be no charge for the first through third false alarms.

(Ord. No. NS-1585, § 1, 6-1-81; Ord. No. NS-1697, § 1, 10-10-83; Ord. No. NS-2196, § 4, 5-17-93; Ord. No. NS-2800, § 2, 12-21-09)

The chief of police reserves the right to discontinue response by police officers to any location of a silent or audible alarm when (1) the alarm user has been given written notice and assessed six (6) penalty assessments within a one-year period, or (2) the alarm user has failed to pay any such penalty assessment. Reinstatement may occur when the alarm user has taken steps to eliminate or correct the problem(s) and has documented the corrective action in writing to the chief of police.

(Ord. No. NS-1585, 1, 6-1-81)

If at any time it shall come to the attention of the chief of police that the holder of an alarm user's license under this chapter has violated any provisions of this article, or rules or regulations made pursuant to this article, including, but not limited to, false alarms which exceed the numbers permitted pursuant to section 10-280, or has failed or refused to pay the false alarm penalty assessment fee as provided in said section, the chief of police may suspend or revoke the license. If an alarm user's license is to be suspended or revoked, as provided hereunder, the chief of police shall notify the holder of the license in writing of his intention to revoke such license seventy-two (72) hours before the effective hour of the suspension or revocation.

(Ord. No. NS-1585, 1, 6-1-81; Ord. No. NS-2196, § 5, 5-17-93)

Any alarm user aggrieved by the decision of the chief of police to assess any penalty or to suspend or revoke such license may appeal to the city council as provided in Chapter 3 of the Santa Ana Municipal Code.

(Ord. No. NS-1585, 1, 6-1-81; Ord. No. NS-2196, § 6, 5-17-93)

Information furnished and secured pursuant to this article 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 article.

(Ord. No. NS-1585, 1, 6-1-81)

Any person who violates any provision of this article, excluding the provisions of section 10-280, penalty assessments, shall be guilty of an infraction, and upon conviction thereof shall be punished in accordance with the California Penal Code regarding infractions.

Such persons shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this article is committed, continued, or permitted by such persons.

(Ord. No. NS-1585, 1, 6-1-81)