Taft Municipal Code Ch. 15 Alarm Systems

The purpose of this chapter is to set forth regulations governing emergency response alarm systems within the city, and provide penalties for violations of this chapter. (Ord. 506, 2-17-1986)

The city council of the city hereby finds that the regulation of the use of alarms systems and the control of false alarms is necessary for the health, welfare, and safety of the citizens of Taft as well as the safety of Taft peace officers. (Ord. 506, 2-17-1986)

ALARM COMPANY OPERATOR: Any business with a required state license operated for any consideration whatsoever, engaged in the installation, maintenance, alteration, or servicing an alarm system.

ALARM SYSTEM: Is an assembly of equipment and devices arranged to signal the commission of a crime or signals the need for emergency police response.

AUTOMATIC DIALING DEVICE: Any alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded message or coded signal indicating the existence of the emergency situation that the alarm is designed to detect.

FALSE ALARM: The activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. Such terminology does not include, for example, alarms caused by tornados, earthquakes, or other violent conditions.

SUBSCRIBER: Any person who purchases, leases, contracts for or otherwise obtains an alarm system. (Ord. 506, 2-17-1986)

The enforcing authority is directed to administer and enforce the provisions of this chapter. The enforcing authority shall be the Taft police department. (Ord. 506, 2-17-1986)

(A) Infraction: It shall be unlawful for any person to install, use or maintain any alarm system contrary to or in violation of any of the provisions of this chapter. Any person violating the provisions of this chapter is guilty of an infraction. (Ord. 694-02, 8-20-2002)

(B) Violations: The occurrence of false alarms shall result in a charge or termination of the police response service as follows: For any two (2) false alarms within any thirty (30) day period, or for any one additional false alarm within a total sixty (60) day period from the first false alarm within a total of ninety (90) days from the first false alarm, or for any six (6) false alarms within one hundred eighty (180) day period, the following charges shall be imposed: ten dollars ($10.00) for the first offense; twenty dollars ($20.00) for the second offense; and thirty dollars ($30.00) for the third and any subsequent offenses. However, notwithstanding the provision of such charges, the Chief of Police may review the frequency of false alarms in any case and where excessive, or where he determines that inadequate efforts have been made to correct a false alarm problem, he may discontinue response to such alarms by the Police Department after having first given notice to the alarm subscriber allowing said subscriber an opportunity to be heard prior to the termination of response by the Department. Any subscriber who is dissatisfied with the decision of the Chief of Police may appeal such decision to the City Council by filing written request for a hearing within five (5) days after the Chief of Police renders his decision. In the event the Chief of Police determines that response shall be terminated such term shall become effective on the date of the notice of decision issued by the Chief of Police and shall remain effective until such time as rescinded by Chief of Police or modified or rescinded by City Council upon appeal.

(C) Exceptions: The following exceptions shall be considered in reviewing any false alarm situation.

1. A thirty (30) days adjustment period to correct mechanical problems may be allowed for any new, improved or replaced alarm system.

2. Where the false alarms in question were the result of conditions beyond the control of the user, and were not the result of negligence of himself or his employees or agents, or where such false alarms resulted from defects in the system of which the user neither had knowledge nor in the exercise of reasonable care should have had knowledge, then the Chief of Police may determine that no charge or termination shall be effected.

(D) Notice: Should any users violate these provisions, the enforcing authority shall notify the subscriber and the alarm company operator providing service or inspection to the user of such fact by mail. The enforcing authority will also notify the user of any surcharges or intent to discontinue police service. (Ord. 506, 2-17-1986)

In order to prevent or lessen the unnecessary hardship of practical difficulties in exceptional cases where it is difficult or impossible to comply with the strict letter of this Chapter, the subscriber or alarm company operator have the option to apply for an exemption from any provision of this Chapter to the City Council. The City Council shall exercise its powers on these matters in such a way that the public welfare is secured, and substantial justice done most nearly in accord with the intent and purpose of this Chapter. (Ord. 506, 2-17-1986)

If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given without the invalid provision or application, and to this end the provisions of this Chapter are severable. (Ord. 506, 2-17-1986)

(A) Alarm System, Automatic Dialing Devices: It shall be unlawful for any person except a public utility engaged in the business of providing communication services and facilities to use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program, or otherwise provide, or to install any alarm system that will upon activation, either mechanically, electronically, or by other automatic means, initiate a call and deliver a recorded message to any telephone number assigned to any subscriber by a public telephone without the prior written consent of the subscriber. In no event will an automatic dialing device terminate in a police or fire facility.

(B) Radio Transmission Alarms: A radio transmission alarm is any device or alarm when activated, sends a prerecorded message over any public safety radio frequency. Radio transmission alarms will not be allowed for use in the City.

(C) Monitoring Of Silent Alarms: Alarm companies that currently have alarms installed at the Taft Police Department will have a period of sixty (60) days from the effective date of this Chapter to remove and relocate these alarms. (Ord. 506, 2-17-1986)