Article 6-10

ALARM SYSTEMS

Sections:

This Article is enacted to establish regulations for alarm systems utilized in the City and to impose fines and penalties upon persons responsible for false alarms and other violations of this Article. (Ord. No. 320, § 1.C.7, 11-5-2014)

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise:

(a) Alarm business means the selling, leasing, installing, servicing, maintaining, monitoring or responding to or causing others to respond to an alarm system in or on any building, structure or facility. The term does not include the activities of any public agency or person acting as the employee or representative thereof.

(b) Alarmowner meansthepersonactuallyresponsible for the operation and maintenance of the premises in which any alarm system is installed or located. Alarm owner includes but is not limited to lessees, occupants, tenants, or other agents of the legal owner of said premises, provided that such agents had actual control of and responsibility for the operation of the premises.

(c) Alarm system means any mechanical or electrical device which is designed or used for the detection of intrusion into a building, structure or facility, and which emits a sound or transmits a signal or message when activated. Alarm systems include, but are not

limited to, direct-dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to evoke a police response or used to register alarms that are intended to be audible, visible or perceptible from outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed to protect the telephone systems from damage or disruption by the use of an alarm system.

(d) False alarm means the activation of an alarm system through mechanical failure, accident, misoperation, malfunction, misuse, or the negligence of either the owner or lessee of the alarm system or any of their employees or agents. False alarms shall not include alarms caused by acts of God or other causes which are beyond control of the owner or lessee of the alarm system. It shall be the responsibility of the owner or lessee of the system to show that the cause was beyond their control.

(e) Outside audible alarm means an alarm system which,whenactivated,generatessoundperceptiblefrom the exterior of the building, structure or facility in which the alarm system is located.

(f) Proprietor alarm means an alarm system that is not regularly serviced or monitored by an alarm business. (Amended by Ord. 7.171 § 1, 1998; Ord. No. 320, § 1.C.7, 11-5-2014)

The following alarm systems shall be exempted from the provisions of this Article:

(a) Alarm systems affixed to motor vehicles.

(b) Alarm systems or devices installed or used by any public agency or public utility.

(c) Early warning fire alarm systems installed pursuant to Article 16-60 in Chapter 16 of this Code.

Editor’s note— Ord. No. 320, § 1.C.7, adopted Nov. 5, 2014, repealed § 6-10.040, which pertained to permit required; existing alarm systems, and derived from original codification.

Editor’s note— Ord. No. 320, § 1.C.7, adopted Nov. 5, 2014, repealed § 6-10.050, which pertained to application for permit; issuance, and derived from Ord. 71.171 § 2, 1998.

(a) If an outside audible alarm is being serviced and maintained by an alarm business, such alarm busi-

(Saratoga Supp. No. 36, 5-15)

105

6-10.060

ness shall post a notice containing its name and a telephone number to be called during any hour of the day or night in the event the alarm is activated. The notice shall be posted in such a position as to be clearly visible from the ground level adjacent to the building, structure or facility where the alarm system is located. The posting of such notice shall not be required in the case of any proprietor alarm system.

(b) It shall be unlawful to install or use an outside audible alarm that upon activation emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning purposes.

(c) All noisemaking devices or pulsating lights shall have a timing mechanism that will silence or turn off such devices or lights within fifteen minutes following initial activation.

(Ord. No. 320, § 1.C.7, 11-5-2014)

It shall be unlawful for any person to use, cause to be used, or engage in the business of providing any alarm system equipped with a direct-dial which, when activated, automatically dials "911" or any telephone number of the County communications center, County Sheriff's Office, or any fire district.

(a) It is unlawful to maintain, use or possess an alarm system which has caused more than two false alarms to be transmitted within any calendar year to the County Communications center, or the County Sheriff's Office, by communication from an alarm business or a person responding to the false alarm.

(b) A representative of the police department responding to each emergency alarm shall attempt to ascertain by investigation whether such alarm was activated with reasonable cause therefor or was a false alarm. In the event his/her investigation indicates that the alarm was a false alarm, the investigator shall prepare a false alarm card of this investigation stating his/her conclusions and the factual basis for such conclusions, and shall forward such card to the City Manager or his/her designee. The investigator shall also serve a copy of his/her report on the alarm owner or occupant of the premises on or in which the false alarm occurred by delivering the same to and leaving it with some person of suitable age and discretion upon the

premises or by mailing a copy of the report to such alarm owner or occupant. (Amended by Ord. 71.171 § 3, 1998; Ord. No. 320, § 1.C.7, 11-5-2014)

(Ordinance 71.49, adopted January 4, 1989.)

Editor’s note— Ord. No. 320, § 1.C.7, adopted Nov. 5, 2014, repealed § 6-10.100, which pertained to revocation of permit and derived from Ord. 71.171 § 4, 1998.

Any person charged with a false alarm penalty under Subsection 6-10.120(e) of this Article may appeal such penalty to the City Manager or his/her designee by filing a notice of appeal in the Office of the City Clerk, within ten days of receipt of such penalty. The appeal shall be accompanied by payment for all accumulated false alarm penalties, on such form as the City Manager or his/her designee may prescribe. Within twenty-one days after his/her receipt of such appeal, the City Manager or his/her designee shall conduct a hearing on the matter considering all relevant evidence and may affirm, reverse or modify the penalty. If a penalty is reversed, the penalty shall promptly be refunded. The decision of the City Manager or his/her designee shall be final. (Amended by Ord. 71-171 § 5, 1998; Ord. No. 320, § 1.C.7, 11-5-2014)

The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infraction and a public nuisance. In addition to any other legal remedies available to the City under the provisions of this Code, a violation of this Article set forth below shall be subject to penalties set by resolution of the City Council.

(a) Installing or using an outside audible alarm which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for disaster warning purposes (Section 6-10.060).

(b) Installing or using an outside audible alarm without a fifteen-minute automatic reset (Section 6-10.060).

(c) Installingorusingaprohibiteddirect-dialalarm system (Section 6-10.070).

(d) Maintaining, using or possessing an alarm system which has caused any false alarm to be transmitted to the County communications center, or the

(Saratoga Supp. No. 36, 5-15)

106

6-10.120

County Sheriff's Office by communication from an alarm business or a person responding to the false alarm. (Amended by Ord. 71-171 § 6, 1998; Ord. No. 320, § 1.C.7, 11-5-2014; Ord. No. 322, § 1(Exh. 1.C), 11-19-2014)

107

(Saratoga Supp. No. 56, 7-25)

6-15.010