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.
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.
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.
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.
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.
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.
means the unincorporated area of Merced County.
means calendar day, unless specified otherwise.
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.
means the facilities for police and/or fire communications
and dispatch centers.
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.
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.
means a system with two or more false alarm activations within
a six-month period.
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)
A.
Alarm
Business Operator License. No person shall operate an alarm business
in the county prior to filing with the sheriff copies of a valid alarm
company operator's license issued by the state of California. No fee
or application shall be required for such filing.
B.
Alarm
Agent Identification Card. No person shall operate or shall be employed
as an alarm agent in the county prior to filing with the sheriff a
copy of a valid alarm agent's identification card by the state of
California. No fee or application shall be required for such filing.
C.
Alarm
System User Permit. No person shall own, possess, install, lease or
use an alarm system without an alarm user permit issued by the sheriff.
A separate permit shall be required for each separate alarmed building
or facility and for each separate alarm system and shall be valid
only for that location. No permit may be transferred to any new location
or alarm user. Each application shall contain that information determined
by the sheriff to be necessary to determine responsibility for the
proper functioning and maintenance of the alarm system being permitted.
Applications shall be filed within 30 days of installation of an alarm
system. Permit information shall include:
1.
Name
of alarm system owner;
2.
Business
name, if any;
3.
Telephone
number to contact;
4.
Address
where alarm system is located;
5.
If
unable to contact owner, alternate name to contact;
6.
Alternate
address;
7.
Alternate
telephone number;
8.
How
many alarms are located at that address;
9.
Location
of alarms;
10.
Billing address;
11.
Who is authorized to respond other than law enforcement;
12.
Other pertinent information as required.
D.
Application
for Alarm Permit. Applications for alarm permits shall be filed with
the sheriff. The sheriff shall issue a permit unless he finds that
good cause exists to deny the permit. Good cause to deny the permit
shall include but not be limited to, installation of unreliable or
otherwise faulty alarm system equipment, the failure of the applicant
to pay permit fees or penalty fees on any system operated by the applicant
or favors which demonstrate that the public health and/or safety would
be endangered by the issuance or reissuance of the permit.
E.
Duration.
Permits shall be valid for an indefinite period unless there is a
change in alarm user, address location of the alarm system, type of
alarm permit or unless an alarm permit is revoked in which case a
new permit is required by filing a renewal application with the proper
fee within 10 days from the date such change or revocation occurs,
except in the case of revocation. A renewal application may be accepted
upon proof that the conditions causing the revocation have been corrected.
F.
Fee.
The fee for an alarm permit shall be set forth in the sheriff's fee
schedule.
(Ord. 1724 § 1, 2004)
A.
It
is unlawful to install or modify an alarm system, which upon activation
emits a sound similar to sirens used on emergency vehicles or for
civil defense purposes.
B.
It
is unlawful to continue operation of a nuisance alarm system without
instituting corrective measures to eliminate the generation of false
alarms.
(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)
A.
No
alarm system shall be installed unless the alarm user has either a
service agreement with an alarm business qualified under this chapter,
or has available a designated person who will respond to the site
of the activated alarm with the ability to deactivate the alarm.
B.
All
alarm systems shall be supplied with an uninterruptible power supply
in such a manner that the failure or interruption of the normal utility
electric service will not activate the alarm system. The back-up power
supply shall be capable of at least four hours of continuous operation.
C.
An
audible alarm system shall terminate the emission of its audible signal
within 30 minutes of its being activated, and the sheriff or his representative
shall have the right to take such steps as may be necessary and reasonable
to disconnect any activated alarm.
D.
No
alarm system shall be equipped with either a direct dial device or
any direct line equipment which when activated will automatically
dial a telephone number in or signal any office of the sheriff's department.
E.
All
burglary detection alarm systems, excluding such alarm systems that
are activated with a "key" device or which generate an audible alarm,
shall include a device which will provide a 30 second delay before
the original alarm transmission and immediately upon being activated
shall emit a signal in such a manner as to be perceptible to a person
lawfully entering, leaving or occupying the premises. Such a device
is intended to provide an opportunity for the person having lawful
control of the alarm system to terminate its operation after activation
but prior to the transmission of a false alarm.
(Ord. 1724 § 1, 2004)
A.
It
shall be the responsibility of the alarm business operator or the
alarm agent or both to inform their respective alarm system users
of the provisions of this chapter.
B.
Alarm
businesses operating within the unincorporated area shall comply with
all state and local licensing requirements.
(Ord. 1724 § 1, 2004)
A.
The
permitted alarm user shall ensure that the sheriff is in possession
of the name, telephone number and business address of the licensed
alarm agent or business under contract to the user to respond or a
minimum of two names, telephone numbers, and home address of persons
with 24 hour access to the alarm location and the alarm system, who
are authorized to and will respond to the location where an alarm
has been activated. The response shall be within a reasonable time
and, in any event, within 30 minutes of being requested to do so.
At any time that one or these persons no longer possess such access
to the alarm location, the alarm user shall, within 48 hours, notify
the sheriff that such person no longer possesses access to that location.
B.
It
shall be the responsibility of the alarm user to properly use the
alarm system and to maintain it mechanically and technically to insure
safe and responsible operation and to minimize the number of false
alarms. If the sheriff determines that a system lacks in quality,
components, servicing, or is improperly used by the alarm user, he
may require that modifications be made to the system to insure compliance
with this ordinance.
C.
In
the event that an alarm system which has been permitted by the sheriff
has been wired into building, structure or facility and the last alarm
user moves from that location, it shall be the responsibility of the
last alarm user to notify the sheriff of such changes prior to the
change.
D.
When
any false alarm caused by a malfunction of an alarm system has occurred,
the alarm user shall cause the alarm system to be repaired to eliminate
the malfunction. The alarm system annunciator shall be disconnected
while repairs are made. The alarm user shall contact the alarm monitoring
company prior to any service, test, repair, maintenance, alteration
or installation of an alarm system, which might produce a false alarm.
Any alarm activated when such prior notice has been given shall not
constitute a false alarm.
E.
The
alarm user shall notify the sheriff, in writing, within 10 days of
any fact noted in the permit application form.
(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)
A.
If at any time it comes to the attention of the sheriff that the user of an alarm system has violated any provisions of this chapter, including but not limited to Section 10.80.020 (nuisance alarm system), the sheriff may serve such alarm user with a written order of suspension or revocation, which shall state the reasons for such suspension or revocation. The order shall be effective immediately if personally served, or 72 hours after the same has been deposited by certified mail in any branch of the United States Post Office, addressed to the user of such alarm system at the address listed on the alarm system permit application on file with the sheriff.
B.
Upon
such an order becoming effective, such alarm user shall immediately
discontinue the use of said alarm system or systems.
C.
Upon failure of the user of the alarm system to pay the false alarm prevention fee provided for Section 10.80.050 to cause the alarm system or alarm systems to be properly repaired, or to be properly used and operated, or to perfect an appeal to the sheriff as provided for in Section 10.80.110, such alarm user shall immediately discontinue the use of the systems. The alarm system or systems shall not thereafter be used until such payment has been made, such repairs have been effected, or such alarm user satisfies the sheriff that such system or systems shall be properly used in the future, or such appeal has been resolved in favor of the alarm user.
(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)
