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:
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.
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.
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.
means any individual, partnership, corporation or other entity
using the services of an 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.
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.
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.
as used in this chapter also includes the director's designee.
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.
means an alarm signal or notification of alarm necessitating
response by the public safety department where an emergency situation
does not exist.
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.
means an alarm system which is annunciated only on the premises
and is not intended to cause a request for emergency response.
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.
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.
means an alarm system that has been declared, pursuant to
this chapter, a public nuisance due to excessive false alarms.
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)
Each person who is conducting an alarm business or operating
any alarm system has until no later than July 1, 1995 to comply with
the provisions of this chapter.
(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.
(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)
