The Merced County board of supervisors finds and declares that:
A. Inadequately
maintained security alarm systems present a growing danger to the
health, safety and welfare of the residents of the county of Merced;
B. The
volume and frequency of nuisance alarms have persisted and increased
so as to create a hazard and cause a serious drain upon limited police
services and equipment needed at other locations;
C. The
unnecessary waste of tax dollars for responding to nuisance alarms
must be reduced;
D. Every
residence and business property is entitled to the safety and protection
afforded by local law enforcement;
E. The
necessity for the provisions and prohibitions hereinafter contained
and enacted is declared to be a matter of public policy in pursuing
security and the promotion of the public health, safety and welfare
of the county of Merced and its residents.
(Ord. 1724 § 1, 2004)
For the purposes of this chapter, the following words and phrases
shall be given the meaning as set forth in this section unless otherwise
indicated in this chapter.
"Alarm agent"
means and includes any person who is self-employed or employed
directly or indirectly by an alarm business operator whose duties
include, but are not limited to: selling, maintaining, installing,
monitoring, demonstrating, or causing others to respond to an alarm
in or on any building, place or premises.
"Alarm business"
means and includes any business operated or any consideration
whatsoever, for the purpose of installing, maintaining, altering or
servicing alarm systems or which responds to such alarm systems, but
shall not include a business which merely sells from a fixed location
or manufactures alarm systems unless such business services, installs,
monitors or responds to alarm systems at the protected premises.
"Alarm system"
means any device designed for the detection of an unauthorized
entry on the premises or for alerting others of the commission of
an unlawful act, or both, and when activated emits an audible or silent
signal or message and to which the sheriff is expected to respond.
It shall include those devices which emit a silent signal within the
protected premises only and are supervised by the proprietor of the
premises where located, and otherwise known as a proprietary alarm.
Auxiliary devices installed by a telephone company to protect its
systems, which might be damaged or disrupted by the use of an alarm
system, are not included in this definition.
"Alarm user"
means any person, firm, partnership, association, corporation
or organization of any kind who owns, leases, rents, uses or makes
available for use by its agents, employees, representatives or immediate
family an alarm system in Merced County.
"Audible alarm"
means an alarm system designed to emit an audible sound outside
of the protected premises to alert persons of an unauthorized entry
on the premises or of the commission of an unlawful act.
"County"
means the unincorporated area of Merced County.
"Day"
means calendar day, unless specified otherwise.
"Direct dial device"
means a device which is connected to a telephone line and
upon activation of the alarm system automatically dials a predetermined
telephone number and transmits a message or signal indicating a need
for emergency response.
"False alarms"
means the activation of an alarm system due to other than
an unauthorized intrusion on the premises of the commission or attempted
commission of an unlawful act, which the alarm system is designed
to detect. Any activation of an alarm system caused by any malfunction
of telephone line or power line circuits or violent atmosphere or
geologic conditions does not constitute a false alarm. A false alarm
shall not include the accidental tripping of an alarm, if the sheriff
is not dispatched to the scene.
"Notice"
means written notice, given by personal service upon the
addressee, or, given by United States mail, postage prepaid, addressed
to the person to be notified at their last known address. Service
of such notice shall be effective upon the completion of personal
service, or upon the placing of the same in the custody of the United
States Postal Service.
"Private alarm dispatch center"
means a center maintained by an alarm business, which receives
emergency signals from alarm systems, and thereafter immediately relays
the message by live voice to the emergency dispatch center.
(Ord. 1724 § 1, 2004)
Any person who uses an alarm system for the protection of his
real or personal property or person which has caused any signal, message
or alarm, to be transmitted, either by direct communication from an
alarm agent or an alarm business, or by a person responding to an
audible alarm, and which is proven to be false, shall pay a false
alarm prevention fee to the county as follows:
A. The
first two false alarms in any six month shall be considered accidental
and fees shall not be charged. The owner or lessee of the alarm system
shall be notified in writing after the occurrence of the second false
alarm that additional false alarms within six months of the first
shall result in the following fees. Such assessments shall be established
by the Merced County sheriff's department to offset law enforcement
salary costs and administrative cost overhead for this program:
Third false alarm
|
$ 50.00
|
Fourth false alarm
|
100.00
|
Fifth false alarm
|
150.00
|
Each additional false alarm
|
200.00
|
B. The
sheriff shall cause to be issued a monthly bill for unpaid fees accrued
during any monthly billing period and any prior periods. Such bill
shall be due and payable within 30 days after the billing date.
C. A late
fee of 15% shall be added to the fees required by this section in
connection with any fees not paid in the time and manner set forth
above.
D. The
amount of any fee and late fee assessed pursuant to this section shall
be deemed a debt to the county, and an action may be commenced in
the name of the county in any court of competent jurisdiction in the
amount of the delinquent debt. Payment of any user fees and late fees
shall not prohibit criminal prosecution for the violation of any provisions
of this chapter.
(Ord. 1724 § 1, 2004)
The cause for activation of an alarm system shall be determined by the sheriff, and upon failure to find any evidence of an illegal entry on the protected premises or the commission or intended commission of an unlawful act, the sheriff shall make the determination that the alarm was false as defined in Section
10.80.020.
(Ord. 1724 § 1, 2004)
If the alarm user disputes any suspension or revocation of an
alarm system, such person may appeal such action with the sheriff
or his representative.
(Ord. 1724 § 1, 2004)
The county shall be under no duty or obligation to a permittee
or any other person by reason of any provision of this chapter; nor
shall such provisions impose any liability, obligation or duty upon
the county in regards to, but not limited to, any delay in transmission
of an alarm message to any emergency unit, damage or injury caused
by non-response.
(Ord. 1724 § 1, 2004)
The provisions of this chapter do not apply to alarm systems
used by Federal Deposit Insurance Corporation insured institutions,
or to alarm systems affixed to automobiles, boats, boat trailers,
recreational vehicles and aircraft, nor to any personal medical alarm
system.
(Ord. 1724 § 1, 2004)
The provisions of this chapter do not apply to municipal, county,
state and federal agencies or any other governmental entity.
(Ord. 1724 § 1, 2004)
To the extent authorized by state law, the information furnished
and secured pursuant to this chapter 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 chapter.
(Ord. 1724 § 1, 2004)