The purpose of this chapter is to encourage alarm users and alarm companies to properly use and maintain the operational effectiveness of alarm systems in order to improve the reliability of alarm systems and reduce or eliminate false alarms.
(Ord. 03-13 § 3; Ord. 12-8 § 2)
In this chapter the following terms and phrases shall have the following meanings:
"Alarm administrator"
means a person or persons designated by the city manager to administer, control and review false alarm reduction efforts and administer the provisions of this chapter, including, but not limited to, the collection of fees and fines.
"Alarm company"
means a person in the business of selling, providing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system in an alarm site. Such companies shall be licensed in accordance with the provisions of Business and Professions Code Section 7590 et seq.
"Alarm dispatch request"
means a notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site.
"Alarm permit(s)"
means authorization granted by the city to an alarm user to operate an alarm system.
"Alarm site"
means a single fixed premises or location served by an alarm system or systems. Each unit, if served by a separate alarm system in a multi-unit building or complex, shall be considered a separate alarm site.
"Alarm system"
means a device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement response, including local alarm systems. Alarm system does not include an alarm installed in a vehicle, or on someone's personal (handheld/portable) safety device unless the vehicle or the personal alarm is permanently located at a site. Alarm devices installed on a temporary basis by the West Sacramento police department or other law enforcement agencies are not included under this definition.
"Alarm user"
means any person who has contracted for monitoring, repair, installation or maintenance service from an alarm company for an alarm system, or who owns or operates an alarm system which is not monitored, maintained or repaired under contract.
"Arming station"
means a device that allows control of an alarm system.
"Automatic dialing device"
means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law enforcement, public safety or emergency services agency requesting dispatch.
"Cancellation or canceled"
means the process where response is terminated when an alarm user or an alarm company (designated by the alarm user) for the alarm site notifies the responding law enforcement agency that there is not an existing situation at the alarm site requiring law enforcement agency response after an alarm dispatch request.
"City"
means the city of West Sacramento.
"City manager"
means the city manager of the city of West Sacramento or designee.
"Days"
means calendar days excluding city of West Sacramento sanctioned holidays.
"False alarm"
means an alarm dispatch request to the West Sacramento police department (which has not been canceled) when the responding law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site.
"Hearing officer"
means an individual or individuals appointed by the city manager, acting singularly or collectively, to hear matters as provided for and described in this chapter, in accordance with regulations that may be established by the city council.
"License"
means a license issued by the state of California to an alarm company to sell, install, monitor, repair, and/or replace alarm systems.
"Local alarm system"
means any alarm system, which is not monitored, that annunciates an alarm only at the alarm site.
"Monitoring"
means the process by which an alarm company receives signals from an alarm system and relays an alarm dispatch request to the West Sacramento police department for the purpose of summoning law enforcement to the alarm site.
"One-year period"
means the three hundred and sixty-five consecutive day period commencing on the date of issuance of a particular alarm permit or the anniversary date thereof.
"Panic alarm"
means an audible/silent alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response.
"Permit holder"
means the alarm user to whom an alarm system permit is issued. For the purpose of this chapter, the term permit holder shall also include officers, agents, employees, independent contractors, and any other persons subject to the direct or indirect control of the permit holder.
"Permit period"
means the period of time when an alarm permit is active. For purposes of this chapter, an alarm permit is good for one year from the date issued unless suspended or revoked pursuant to this chapter.
"Person"
means an individual, corporation, partnership, association, organization, school district, government agency, and any other type of legal entity.
"Responder"
means an individual capable of reaching the alarm site within thirty minutes and having access to the alarm site, the code to the alarm system, and the authority to approve repairs to the alarm system.
"Robbery alarm"
means an alarm system activated in the event of a robbery.
"Siren"
means any audible noise similar to that which must be sounded by an authorized emergency vehicle under the conditions set forth in Section 21055 of the California Vehicle Code.
"Verify"
means an attempt by the alarm company, or its representative, to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request.
(Ord. 03-13 § 3; Ord. 12-8 § 2)
This chapter applies to all alarm systems installed, connected, operated or maintained prior to and after the date this chapter becomes effective.
(Ord. 03-13 § 3; Ord. 12-8 § 2)
A. 
No alarm system that emits the sound of a siren shall be installed or connected. This section shall not be construed to prohibit the use of certain electronic horns or howlers that may be approved by the alarm administrator, provided such devices do not emit sounds similar to a police, fire, or other emergency response vehicle siren.
B. 
Any alarm system that is designed to generate an audible sound on the exterior of the structure in which the system is maintained shall have, as part of the alarm system, an automatic shutoff device that shuts off the alarm system within fifteen minutes of initial activation.
C. 
No automatic dialing device shall be interconnected to Yolo Emergency Communications Agency (YECA) or the West Sacramento police department.
(Ord. 03-13 § 3; Ord. 12-8 § 2)
A. 
Duties of Alarm User.
1. 
An alarm user shall:
a. 
Obtain an alarm permit pursuant to Section 8.11.060;
b. 
Maintain the alarm site and the alarm system in a manner that will minimize or eliminate false alarms;
c. 
Make every reasonable effort to have a responder present at the alarm system's location within thirty minutes when requested by the West Sacramento police department in order to:
i. 
Deactivate an alarm system,
ii. 
Provide access to the alarm site, and/or
iii. 
Provide alternative security for the alarm site;
d. 
Not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report;
e. 
Notify Yolo Emergency Communications Agency (YECA) of any impending service, test, or maintenance of the alarm system that may signal a false alarm. An alarm activated where such prior notice has been given shall not constitute a false alarm;
f. 
Not cause or allow an alarm system to be installed, connected, operated, or maintained upon any property located within the city of West Sacramento without first obtaining an alarm permit. A valid alarm permit must be maintained as long as the alarm system is operational;
g. 
Alarm users who have installed an alarm system prior to the effective date of the ordinance codified in this chapter and who wish to continue to operate and/or maintain their system shall be required to obtain an alarm permit within thirty days of mailing of a notice from the alarm administrator, that a permit is required;
h. 
For nonresidential properties, a valid alarm permit shall be kept on the premises, in a visible location, where the alarm system is installed for use.
B. 
Duties of Alarm Company.
1. 
Each alarm company shall provide a copy of this chapter to each person with whom it signs a contract to install and/or monitor an alarm system upon the signing of the contract.
2. 
An alarm company may monitor an alarm system only after it has established that the alarm user has a valid permit for the alarm system. If the alarm administrator notifies an alarm company of a denial, nonrenewal, suspension, revocation or of other conduct rendering it illegal for the alarm user to operate the alarm, the alarm company shall discontinue service to that alarm system within fifteen days of such notification. The alarm company shall immediately notify the city in writing that it has complied with this section.
3. 
Each alarm company shall provide to the alarm administrator a current list of the alarm company's customers located within city limits. Such list shall be updated upon request of the alarm administrator.
4. 
Any alarm company that relays messages to the West Sacramento police department via Yolo Emergency Communications Agency (YECA), and requests the dispatch of police officers to an alarm system location, shall maintain and shall provide the following information to police dispatch at the time each message is relayed:
a. 
The name of the permit holder;
b. 
The address of the alarm system;
c. 
The alarm permit number;
d. 
Type of alarm, i.e., burglary/robbery/panic; and
e. 
Name of the "responding" person (if available) and estimated time of arrival.
(Ord. 03-13 § 3; Ord. 12-8 § 2)
A. 
Permit Application. Applications shall be submitted to the alarm administrator on forms provided by the alarm administrator. The alarm administrator shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application.
B. 
Multiple Alarms. Multiple alarms located at a single address may be installed and operated under a single permit or under multiple permits as specified below:
1. 
Any person who desires to operate or maintain more than one alarm system at any property may apply for a single alarm permit for all alarms to be operated at a single address. If a single permit is obtained for multiple alarm systems at a single address, false alarms by all alarm systems under the single permit will be cumulative.
2. 
Any person who desires to operate more than one alarm system at any property may apply for separate permits for each alarm system operated or maintained at such a location. If the applicant chooses to secure a separate permit for each alarm system, a separate application shall be submitted for each system. Where multiple permits are issued for multiple alarm systems at one address, false alarm fines will be charged only to the permit for the alarm system which resulted in the false alarm.
C. 
Permit Application Fee. Applicants for alarm permits shall pay a fee established by resolution of the city council and set forth in the city's Book of Fees. The fee shall be calculated to cover the city's costs of issuing the permit. Any person who fails to obtain an alarm permit as required by this chapter will be provided with a thirty-day written notice by the alarm administrator to obtain a permit ("cure and correct period"). If, during the course of the cure and correct period, the alarm user still does not obtain an alarm permit, the alarm user shall be subject to a fine in the amount established by resolution of the city council.
D. 
Issuance—Expiration—Renewal of Permit.
1. 
The alarm administrator shall investigate and verify information submitted by the applicant. After all requirements have been satisfied the alarm administrator may issue an alarm permit.
2. 
Alarm permits may be issued to the person who is the owner of or in possession of the property that the alarm system is designed to protect.
3. 
Each alarm permit expires two years after the date it is issued or renewed, unless the permit is revoked at an earlier time. The date of issuance or renewal is the date shown on the permit.
4. 
The application for renewal must be received by the alarm administrator thirty days prior to the permit's expiration date.
5. 
Alarm permits may not be transferred to another person or alarm site. Permits are valid only for the permittee and address listed on the permit.
E. 
Denial of Permit.
1. 
An alarm permit shall be denied when reasonable evidence demonstrates:
a. 
That the permit will be used for illegal purposes; or
b. 
That the application contains misrepresentation or false statements.
2. 
The alarm administrator shall provide the permit applicant written notice of the denial of the application. The notice of denial shall be mailed not later than fifteen days following the decision. The notice shall include the grounds for denial.
F. 
Suspension or Revocation of Permit.
1. 
Suspension of Permit. The following shall constitute grounds for a suspension of an alarm permit:
a. 
Assessment of five or more fines for false alarms within a one-year period;
b. 
Assessment of a subsequent fine when payment of a previous fine is delinquent;
c. 
Violation of any provision of this chapter punishable as an infraction pursuant to Section 8.11.070(C);
d. 
Violation of any condition imposed by the alarm administrator upon a permit holder in accordance with subsection (H)(6) of this section.
2. 
Length of Suspension.
a. 
A suspension under subsections (F)(1)(a) and (b) of this section shall not exceed fifteen days.
b. 
A suspension under subsections (F)(1)(c) and (d) of this section shall not exceed ninety days.
3. 
Effect of Renewal of Permit on Suspension.
a. 
If any suspension extends beyond the expiration date of the permit, renewal of the permit shall not alter the length of the suspension.
b. 
Operation of an alarm under a renewed permit shall not commence until the suspension period has been fully served.
4. 
Restoration of Suspended Permit.
a. 
A reinstatement fee will be required prior to the end of the suspension period in order to reinstate the alarm permit. The fee will be in the amount set forth in a resolution approved by the city council and shall be in an amount to defray the administrative costs associated with investigating and re-issuing the permit.
b. 
On the day following the expiration of the suspension period, the alarm administrator shall restore the permit. The permit shall not be restored if any fee or fine remains delinquent.
5. 
Revocation of Permit.
a. 
An alarm permit may be revoked if the alarm user allows an alarm to remain operational after a suspension of the alarm permit.
b. 
An alarm permit may be revoked upon receipt of a second suspension within a three hundred sixty-five-consecutive-day period of a previous suspension.
G. 
Use of Alarm During Suspension or After Revocation of Alarm Permit.
1. 
An alarm user shall not allow an alarm to remain operational after the alarm user's permit has been suspended or revoked.
2. 
Any alarm company shall not continue to send or permit the sending of an alarm user's silent alarm emergency signal to the Yolo Emergency Communications Agency (YECA) after having been notified in writing that the user's alarm system permit has been suspended or revoked.
3. 
Violation of subsections (G)(1) and (2) of this section shall constitute a misdemeanor.
H. 
Issuance of Permit after Revocation.
1. 
Any person whose alarm permit has been revoked may apply for a new permit in accordance with the provisions of this section.
2. 
All applications after revocation shall be submitted to the alarm administrator.
3. 
The alarm administrator shall conduct an investigation to determine whether the grounds for the prior revocation have been eliminated or are not likely to occur again in the foreseeable future. Such investigation may include, but shall not be limited to, an on-sight examination of the alarm system and any specifications, diagrams, or descriptions pertaining to the system.
4. 
If the alarm administrator determines that the grounds for the revocation have been eliminated or that such grounds are not likely to occur again in the future, an alarm permit may be issued.
5. 
No alarm permit will be issued until all previous fees and fines have been paid.
6. 
The alarm administrator may impose such conditions on the alarm permit as he or she deems reasonably necessary to insure that the alarm user will comply with the provisions of this chapter. Said conditions may include a probationary period during which the alarm shall not actuate false alarms.
7. 
A fee may be assessed for the issuance of a permit after revocation to cover the cost of the investigation and issuance of the permit in the amount set forth in a resolution approved by the city council.
I. 
Notice. The permittee shall be notified in writing of the decision to suspend or revoke a permit at least fifteen days prior to effective date of the suspension or revocation. The notice shall inform the permittee of the grounds upon which the proposed suspension or revocation is based and shall allow the permittee to request, in writing, that a reconsideration of the suspension be held in accordance with Section 8.11.080. Failure to request reconsideration within ten days of the date of the mailing of the notice of the proposed suspension or revocation of the permit shall constitute a waiver of the permittee's right to challenge the revocation or suspension.
(Ord. 18-3 § 2)
A. 
False Alarms.
1. 
General.
a. 
Alarm users may be fined for false alarms.
2. 
Special Alarms.
a. 
No person shall activate a robbery alarm system for any reason other than a robbery or an attempted robbery.
b. 
No person shall activate a panic alarm for any reason other than signifying an emergency.
B. 
Administrative Fines and Fees.
1. 
Alarm users may be assessed administrative fines and/or fees for violations of this chapter in the amounts set forth in a resolution approved by the city council.
2. 
The alarm administrator shall notify the alarm user and permit holder in writing after each false alarm. Notification shall include the amount of the administrative fine.
3. 
Alarm users shall be assessed an administrative fine upon the occurrence of the third false alarm within a one-year period. Each subsequent false alarm shall be assessed a new administrative fine in an amount determined by city council resolution.
4. 
An administrative fine or fee invoice shall be mailed to the alarm user and permit holder immediately following the assessment of the fine or fee. Fines and fees are due and owing not later than fifteen days after the date of mailing the invoice.
5. 
All fines and fees shall be paid to the alarm administrator.
C. 
Other Violations of this Chapter. Violations of this chapter shall be punishable as an infraction except as set forth in Section 8.11.060(G).
D. 
Effect of Violation. The conviction or punishment of any person for violating any provision of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person(s) from paying the appropriate fee due and unpaid at the time of such conviction or punishment, nor shall payment of any fee bar any civil prosecution for a violation of any provision of this chapter and subject to fine. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter and subject to fine.
(Ord. 03-13 § 3; Ord. 12-8 § 2)
A. 
Request for Reconsideration.
1. 
Any person aggrieved by the determination of a false alarm, the assessment of a fine, or the denial/suspension/revocation of an alarm permit, may make a written request to the alarm administrator to reconsider said action.
2. 
Requests for reconsideration shall be submitted to the alarm administrator within ten days of the date of the mailing of the invoice or notice of determination of a false alarm, the assessment of a fine, or the denial/suspension/revocation of an alarm permit. The request shall include the reason(s) for requesting reconsideration and should be accompanied by any supporting documentation in the possession of the party requesting reconsideration, together with the fee described in the security alarms section of the city's Book of Fees.
3. 
Upon written receipt of a request for reconsideration, the proposed fine/denial/suspension/revocation shall be stayed pending the conclusion of the reconsideration.
4. 
The requestor shall be notified in writing of the decision of the alarm administrator. If the request is denied, payment shall be due fifteen days after the date of mailing of the notice of the denial of reconsideration.
B. 
Appeals.
1. 
Any person aggrieved by the decision of the alarm administrator denying reconsideration may appeal such decision to a hearing officer.
2. 
Notice of appeal complying with Title 1, Chapter 1.08 of the West Sacramento Municipal Code shall be filed in writing with the city clerk not later than fifteen days after the date of mailing of the notice of the denial of the reconsideration. During the pendency of said appeal, the decision of the alarm administrator shall be stayed. Notice of the appeal shall also be mailed by the appellant to the alarm administrator.
3. 
The notice of appeal shall include the name, current address and phone number of the appellant, a statement of the action that is being appealed, and a statement of the facts and law on which the appeal is based. In addition, the appeal shall be accompanied by a copy of the relevant applications, renewals and requests submitted to the alarm administrator and all notices and decisions received from the alarm administrator, together with the applicable filing fee as required by Section 1.08.020 and described in the appeal fees section of the city's Book of Fees.
C. 
Appeal Procedure.
1. 
The hearing officer shall conduct the hearing pursuant to the provisions of Title 1, Chapter 1.08, of the West Sacramento Municipal Code.
2. 
The decision of the hearing officer shall be final.
(Ord. 18-3 § 2)
A. 
Temporary Discontinuance of Response. The West Sacramento police department may temporarily discontinue responding to an alarm at any location if it has responded to two or more false alarms within a twenty-four hour period. The alarm user will be notified, if known, by the West Sacramento police department of this temporary discontinuance of response after the second false alarm. Such temporary discontinuance shall cease when the alarm user demonstrates to the department that the cause(s) for these false alarms has been corrected or, in any event, no later than upon expiration of the twenty-four-hour period.
B. 
False Alarm Exemption. If an alarm user presents sufficient proof that a particular false alarm falls into one of the following categories, said alarm shall not be counted against the alarm user in determining whether the alarm user should be assessed an administrative fine or subject to other action under this chapter:
1. 
False alarms which the alarm user can demonstrate were caused by violent acts of nature;
2. 
False alarms which the alarm user can demonstrate were actually caused by the act of some person other than:
a. 
The alarm user. For the purpose of this subsection the term alarm user shall include officers, agents, employees, independent contractors, and any other persons subject to the direct or indirect control of the alarm user,
b. 
The person who installed, connected, operated, maintained, or serviced the alarm system,
c. 
The manufacturer of the alarm system, including the manufacturer's officers, agents, employees, independent contractors, and any other persons subject to the direct or indirect control of the manufacturer;
3. 
There will be no false alarm if a cancellation occurs prior to law enforcement arriving at the scene.
C. 
Fees as Debt. The amount of any fees or fine(s) due and owing shall be deemed a debt to the city of West Sacramento. An action may be commenced in the name of the city of West Sacramento in any court of competent jurisdiction for the amount of any delinquent fee or fine. All fees and/or fines shall be deemed delinquent thirty days from the date they are due and payable.
D. 
Government Immunity. An alarm permit is not intended to, nor will it, create a duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm permit, the alarm user acknowledges that law enforcement response may be influenced by factors such as the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
(Ord. 03-13 § 3; Ord. 12-8 § 2)