The purpose of this chapter is to set forth regulations governing the use of alarm systems and the carrying on of an alarm business within the city of Sunnyvale and to provide for fees to be charged for excessive false alarms.
(Ord. 2506-95 § 1; Ord. 2728-03 § 2)
For the purposes of this chapter, the following definitions apply:
"Act of nature"
means an event which originates primarily from causes beyond the control of human beings. "Act of nature" does not include false alarms or malfunctions of alarm systems or devices caused by failure to properly inspect, maintain or repair the alarm system or device.
"Alarm business"
means the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, place or premises in the city and shall include any individual, partnership, corporation or other entity operating a central alarm station protection system for the benefit of its subscribers.
"Alarm system"
means any device designed to summon police or fire assistance from the department of public safety to a designated site. An "audible alarm system" means a system that produces an audible or visible signal at the point of origin. A "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.
"Alarm user"
means any individual, partnership, corporation or other entity using the services of an alarm system.
"Audible alarm system"
means an alarm system which when activated generates sound perceptible from the exterior of the building structure or facility in which the alarm system is located. Audible alarm systems may or may not be monitored by a central alarm station.
"Automatic telephone dialing alarm device"
means an electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice alarm or other electronically generated message. However, alarm devices which transmit to the public safety department, live voices capable of two-way communication, are expressly excluded from the definition of the term "automatic telephone dialing alarm device" as used herein.
"Central alarm station"
means a system or group of systems, operated for its subscribers by a person in the alarm business, in which the operations of electrical detection circuits and devices are transmitted to, recorded in, maintained and supervised from a central alarm station having trained operators in attendance at all times that have the duty to take appropriate action upon receipt of a signal or message, including the relaying of messages by direct telephone communications to the department of public safety.
"Director of public safety"
as used in this chapter also includes the director's designee.
"Emergency"
means an occasion that reasonably calls for a response by the department of public safety. 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.
"False alarm"
means an alarm signal or notification of alarm necessitating response by the public safety department where an emergency situation does not exist.
"False alarm period"
means the one-year period which commences with the date of the first false alarm. Succeeding false alarm periods shall begin on the anniversary date of the first alarm period.
"Local alarm system"
means an alarm system which is annunciated only on the premises and is not intended to cause a request for emergency response.
"Monitored"
means an alarm system that is both designed to communicate with a central alarm station protection system and is currently being provided with that service.
"Nonmonitored"
means an alarm system that is either not designed or equipped to communicate with a central alarm station protection system or is not currently being provided with that service.
"Nuisance alarm system"
means an alarm system that has been declared, pursuant to this chapter, a public nuisance due to excessive false alarms.
"Subscriber"
means a person who has contracted with an alarm business for the monitoring services of a central alarm station protection system.
(Ord. 2506-95 § 1; Ord. 2728-03 § 3; Ord. 2839-07 § 1)
The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles other than those maintained or held in inventory by a dealer, as defined by Section 285 of the California Vehicle Code. Local alarm systems which do not utilize audible alarm devices or other signaling devices which are perceptible from outside the premises are exempted from this chapter. The provisions for fees for excessive false alarms are not applicable to the facilities of the city with the exception of facilities occupied by non-city occupants or independent contractors leasing city facilities.
(Ord. 2506-95 § 1)
(a) 
Backup Power Supply.
(1) 
Any alarm system installed after July 1, 1995 shall be supplied with an uninterrupted power supply in such a manner that the failure or interruption of the normal electric utility service will not activate the alarm system. The power supply must be capable of at least four hours of operation.
(2) 
Every alarm system installed prior to July 1, 1995 shall be equipped with such an uninterrupted power supply no later than July 1, 1996. The director of public safety is authorized to grant extensions of time for compliance where necessary in any individual case to avoid undue hardship.
(b) 
Audible Alarm Systems.
(1) 
Every alarm system that utilizes an audible alarm device installed after July 1, 1995, shall have a timing device which automatically shuts off the audible device within ten minutes after it is activated.
(2) 
Every audible alarm system installed prior to July 1, 1995, shall be equipped with such an automatic timing device no later than July 1, 1996. The director of public safety is authorized to grant extensions of time for compliance where necessary in any individual case to avoid undue hardship.
(c) 
Additional Standards. The director of public safety may prescribe additional minimum standards and regulations for the construction and maintenance of all alarm systems installed within the city. These standards and regulations shall become effective upon adoption.
(Ord. 2506-95 § 1)
(a) 
No person shall install or cause to be installed, use, maintain or possess an alarm system on premises owned or in the possession or control of such person within the city without first having obtained an annual alarm users permit from the department of public safety in accordance with this section. The application for an alarm users permit or renewal shall be submitted on a form as prescribed by the department and shall include the address of the premises wherein the system is to be located; the name, address and telephone number of the applicant; the name address and telephone number of a second and third person who may be contacted in case of emergency any time day or night; and the name, address and telephone number of the person or company that will render service or repairs during any hour of the day or night. The person(s) listed shall be required to respond to the premises within thirty minutes after being advised of the alarm activation pursuant to Section 9.90.070(c). Failure to respond may result in further fines or fees in the form of an administrative citation for violation of this Municipal Code section.
(b) 
The annual application shall be accompanied by a non-refundable fee in such amount as established by resolution of the council.
(c) 
A separate users permit shall be required for each premises or address on which an alarm system is used or installed. Alarm system permits are not transferable. A new permit shall be issued when a business/residence changes the name, ownership, or moves.
(d) 
The permit shall be denied by the department of public safety if the alarm system does not comply with the standards and regulations pursuant to Section 9.90.050. Any such denial may be appealed to the director of public safety; provided that a notice of appeal is filed with the director within fifteen days of the denial of the permit. The director shall set the matter for a hearing within thirty days after receipt of notice. The director shall render a decision within ten days after the close of the hearing. The decision of the director shall be final.
(e) 
Whenever any change occurs relating to the written information required by Section 9.90.055(a), the alarm user shall give written notice of such changes to the department of public safety within five business days.
(f) 
Failure to obtain the necessary permit shall result in a penalty assessment in the amount as established by resolution of the council. A penalty hearing may be requested in accordance with Section 9.90.110.
(Ord. 2839-07 § 2)
(a) 
Records. It shall be the responsibility of any alarm business providing alarm system services to subscribers within the city to maintain current records of its subscribers, including a listing of at least two persons who can respond within thirty minutes of notification to the site of the alarm to assist public safety in determining the cause of the false alarm, and to provide to the public safety department at its request, the current name, address and telephone number of any of its subscribers presently receiving alarm system service within the city.
(b) 
Instructions. Every alarm business selling, leasing or furnishing to any user an alarm system shall furnish the user with instructions which provide sufficient information to enable the user to operate the alarm system properly and to obtain service for the alarm system at any time.
(c) 
Department Review. Standard form instructions shall be submitted by every alarm business to the director of public safety upon request. If the director finds such instructions to be incomplete, unclear or inadequate, the director may require the alarm business to revise the instructions to comply with subsection (b) of this section and then to distribute the revised instructions to its alarm users.
(d) 
Notification. In the event of an alarm that indicates that there may be a life hazard involved, the department shall be immediately informed.
(e) 
Alarm Tests. An alarm business shall notify the department of public safety prior to any service, test, repair, maintenance, adjustment or installation of an alarm system which may result in any indication that a public safety response is requested. Any alarm activated, where such prior notice has been given, shall not constitute a false alarm.
(Ord. 2506-95 § 1; Ord. 2570-97 § 5; Ord. 2728-03 § 4; Ord. 2839-07 § 3)
(a) 
Update Information, Monitored System. It shall be the responsibility of each alarm system user of any alarm system which is monitored by a central station to provide current subscriber and responsible information to the alarm business providing monitoring services. Changes to subscriber or responsible party information shall be reported to the alarm monitoring business within twenty-four hours.
(b) 
Update Information, Nonmonitored System. It shall be the responsibility of each alarm system user of any nonmonitored audible alarm system to provide current user and responsible party information to the department of public safety. Changes to the required information shall be reported to the department within twenty-four hours.
(c) 
Respond to Alarm Location. Upon being informed of an alarm activation, it shall be the duty of the responsible party to respond to the location of the alarm within thirty minutes of the alarm activation.
(d) 
Alarm Tests. An alarm user shall notify the department of public safety prior to any service, test, repair, maintenance, adjustment or installation of an alarm system which may result in any indication that a public safety response is requested. Any alarm activated, where such prior notice has been given, shall not constitute a false alarm. If services are being performed by an alarm business, it shall be the responsibility of the alarm business to make notification to the director of public safety.
(Ord. 2506-95 § 1)
The city reserves the right to alter and amend its regulations regarding alarm systems from time to time, including the right to prohibit any alarm system permitted hereunder, and no person shall have or gain any vested rights in the continued use of any alarm system.
(Ord. 2506-95 § 1)
(a) 
The council finds and determines that repeated responses to false alarms by the city may result in a significant expenditure of department of public safety time and resources and increased costs to the public. The council, therefore, finds that it is necessary and appropriate for the city to seek to recover the costs of repeated responses to false alarms from the persons responsible for such alarms through the imposition of false alarm fees. Fees shall be as established by resolution of the council.
(b) 
In addition to any other remedies available to the city pursuant to this code or state law, the director of public safety may, pursuant to the procedure set forth in this chapter, impose false alarm fees to recover the costs of department of public safety responses to multiple false alarms, which resulted from causes other than violent acts of nature, within a three-hundred-sixty-five-day period.
Such false alarm fees shall be in the amounts established by resolution of the city council, and may be progressively higher for each false alarm which occurs during a three-hundred-sixty-five-day period.
(c) 
The director of public safety may impose fees for the third and subsequent false police alarm within any three hundred sixty-five-day period; and also for the third and subsequent false fire alarm within any three hundred sixty-five-day period. Police and fire false alarm fees are imposed separately and a property may accumulate false alarm fees for both types of false alarms.
After the first false alarm for police assistance or the first false alarm for fire assistance in any three hundred sixty-five-day period, the public safety department shall deliver a warning notice to the business, dwelling or person responsible for the alarm. The notice shall state the date, time and type of false alarm (police or fire). The notice shall also state that the third and subsequent false alarm within any three hundred sixty-five-day period may result in the imposition of false alarm fees pursuant to this section, and the fee for each false alarm.
(Ord. 2506-95 § 1; Ord. 2728-03 § 5; Ord. 2772-05, § 1)
False alarms reported to the department of public safety shall not be counted for the imposition of false alarm fees under the following conditions:
(a) 
The alarm system is entirely new and was installed within the past thirty days. Proof of installation date is required.
(b) 
The alarm system has undergone a major modification within the past thirty days that significantly alters the operation of the system. Proof of modification is required. The granting of this exemption is up to the discretion of the director of public safety.
(c) 
The occupants of the premises took control over the alarm system within the past thirty days and are utilizing an alarm system which does not qualify for exemption under another provision of this section.
(d) 
The director of public safety has granted an exemption, based upon verifiable proof that the alarm user is taking all reasonable measures to eliminate the cause of false alarms. A request for exemption must be made in writing and will be determined on a case-by-case basis.
(e) 
False alarms reported to the department of public safety but subsequently cancelled prior to department units starting actual response. If at the discretion of the department a response is continued after a valid cancellation is received prior to commencement of a response, the response will not be counted as a false alarm for the purpose of imposing a false alarm fee.
(Ord. 2506-95 § 1)
(a) 
Notice of Imposition. The director of public safety shall deliver to the alarm user at the address where the false alarms originate a notice of the imposition of false alarm fees. The notice shall specify the date, time and nature of the events which are the basis for the imposition of false alarm fees. The notice shall state that the alarm user has the right to request a hearing before the director by submitting a written request to the director within ten days of the date of the notice.
(b) 
Hearing on Imposition. Upon the receipt of a timely written request from the alarm user for a hearing, the matter shall be set for a hearing before the director of public safety on a date which is at least one week from the date of receipt of the request for a hearing. At the hearing, the alarm user may present relevant evidence regarding the alleged grounds for the imposition of false alarm fees.
(c) 
Decision. The director of public safety shall notify the alarm user of his/her decision in writing by certified mail by no later than two weeks after the hearing. The decision of the director shall be final.
(d) 
Collection of Fees. In the event of the failure of any person to pay the fees assessed pursuant to the provisions of this chapter, the city may institute an action in any court of competent jurisdiction to collect any charges, together with interest, which may be due and payable and all administrative costs of collection in the same manner as any other debt owing to the city may be collected.
(Ord. 2506-95 § 1)
(a) 
An alarm system may be declared a nuisance alarm system by the director of public safety under any one of the following:
(1) 
More than ten false alarms not exempt under this chapter were generated and not canceled in a false alarm period.
(2) 
Audible alarm devices do not meet the standards contained in this chapter and any complaint of a noise disturbance is received by public safety.
(3) 
Audible alarm devices meet the standards contained in this chapter and more than three complaints of noise disturbance are received in any false alarm period and the activation of the audible devices were the result of false alarms.
(b) 
The director of public safety shall notify the alarm user, in the same manner as for the imposition of false alarm fees, of the determination that the alarm system is a nuisance alarm system.
(c) 
It is unlawful to continue the operation of a nuisance alarm system after the receipt of the notice.
(d) 
Audible alarm devices which fall under the definition of a nuisance and are causing an ongoing disturbance due to noise may be disabled by the department of public safety or a third party under contract with the department. The alarm user shall be held responsible for any costs incurred or damage caused in eliminating the cause of the disturbance. No prior notice to the alarm user will be required to abate an ongoing noise disturbance caused by an alarm system. No liability will be assumed by the city or any of its agents in eliminating noise disturbance caused by false alarms.
(e) 
A hearing before the director of public safety on whether the alarm system is a nuisance may be held in the same manner as for the imposition of false alarm fees.
(f) 
The director of public safety shall notify the alarm user of his/her decision in writing by certified mail by no later than two weeks after the hearing. The decision of the director shall be final.
(g) 
The determination that an alarm system is a nuisance may be revoked by the director of public safety upon finding proof that the cause of the excessive false alarms or audible disturbance has been remedied.
(Ord. 2506-95 § 1)
(a) 
No automatic telephone dialer alarm device shall be programmed to call 911 or any telephone number of the department of public safety. Alarm devices which transmit to the department live voices and provide two-way communication are excluded from this prohibition.
(b) 
No alarm device shall automatically communicate with the department of public safety, whether by direct connection, telephone line, radio, or any other means. Alarm devices which transmit to the department live voices and are capable of providing two-way communication are excluded from this prohibition.
(c) 
The provisions of this section are not applicable to alarm systems operated by the city.
(Ord. 2506-95 § 1)
All information submitted in compliance with this chapter shall be held in the strictest confidence and shall be deemed a public record exempt from disclosure pursuant to state statutes, and any violation of confidentiality shall be deemed a violation of this chapter. The director of public safety shall be charged with the responsibility for the maintenance of all records kept pursuant to this chapter.
(Ord. 2506-95 § 1; Ord. 2839-07 § 4)
It is unlawful for any person to activate an alarm system for the purpose of summoning assistance from the department when the person knows an emergency does not exist.
(Ord. 2506-95 § 1; Ord. 2728-03 § 6)
It is unlawful for any person to violate any of the standards and regulations adopted by the director of public safety pursuant to this chapter regarding the construction and maintenance of alarm systems installed.
(Ord. 2506-95 § 1)
It is unlawful for any person to use or maintain in operation any alarm system or device which has been determined to be a public nuisance. Violation of this section shall be a misdemeanor.
(Ord. 2506-95 § 1)
It is unlawful for any person to fail to comply with the provisions of this chapter. Each day on which the violation continues constitutes a separate punishable offense.
(Ord. 2506-95 § 1)