This chapter of the Napa Municipal Code shall be known as the
"Law Enforcement Alarm System Response Ordinance."
(O4226; O96-015)
The purpose of this chapter is to regulate the use of alarm
systems in the City of Napa to reduce the number of false alarms requiring
a police response. This will increase officer safety, ensure proper
attention and response to actual crimes in progress, and increase
available preventive patrol and increase patrol enforcement time,
thereby furthering the health, safety, and welfare of the people of
Napa.
(O4226; O96-015)
As used in this chapter:
means any person, retail establishment, organization, answering
service, central station or modified central station that installs,
connects, or monitors burglary, robbery or other alarm security systems
for profit or other consideration. Such companies must be licensed
in accordance with Business and Professions Code Section 7590 et seq.
means any mechanical or electrical device which is designed
or used for the protection against an unauthorized entry into a building,
structure or facility by alerting others of the Commission of an unlawful
act within a building, structure or facility and which emits a sound
or transmits a signal or message when activated. The following devices
shall not constitute an alarm system within the meaning of this subsection:
means any person, business, or corporate entity, which receives
a law enforcement response as the result of the activation of an alarm
system.
means a telephone answering service providing, among its
services, the receiving on a continuous basis of emergency signals
from alarm systems, and the subsequent immediate relaying of messages
based on such signals by live voice to the communication center of
the Police Department.
means an alarm system which automatically sends over regular
telephone lines, by direct connections or otherwise a prerecorded
voice message indicating the existence of the emergency situation
that the alarm system is designed to detect.
means an office to which alarm systems are connected, where
operators supervise the circuits and where guards and/or service persons
are continuously available to investigate signals.
means a telephone line leading directly from a central station
to the communication center of the police department, where such line
is used only to report emergency signals on a person-to-person basis.
means the commission or attempted commission of any felony,
unlawful entry, or any act of violence.
An alarm system shall be deemed to actuate excessive false
alarms when there are more than two false alarms in any one calendar
year. If a permittee presents sufficient proof that a particular false
alarm was caused by an event or act specified in the second sentence
of the definition of "false alarms" as set forth in this section,
said false alarm shall not be counted against the permittee in determining
whether the permittee's alarm system actuated excessive false alarms.
means the activation of an alarm system which results in
a law enforcement response and where no emergency exists. False alarms
which occur as a result of violent acts of nature, (i.e., earthquake,
severe windstorms, floods, etc.), shall not be counted as false alarms
for purposes of this chapter.
as defined in California Penal Code Section 17, means a crime
which is punishable by death or by imprisonment in the state prison.
Use of the masculine gender in this chapter is intended to
include the feminine gender as well.
means to connect an alarm system to a telephone line, either
directly or through a mechanical device that utilizes a standard telephone,
for the purpose of using the telephone line to transmit an emergency
message upon the activation of the alarm system.
means the unlawful entry into a structure or protected perimeter.
means an office to which alarm systems are connected, where
operators supervise the circuits but where guards/service personnel
are not available to investigate alarm signals.
means any device or system designed to alert law enforcement
of a violent act or an immediate present threat of a violent act by
manually activating a switch or button.
means the person to whom an alarm system permit is issued.
includes natural persons without regard to number or gender,
and any partnership, corporation and any other type of legal entity.
means any telephone line leading directly into the communication
center of the Police Department, including 911 emergency lines for
the purpose of handling emergency calls on a person-to-person basis
and which is identified as such by a specific number included among
the numbers listed in the telephone directory issued by the telephone
company, covering the service area within the Police Department's
jurisdiction.
means the criminal act of forcibly taking of property from
the person of another by violence or threat of violence.
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.
(O4226; O96-015; O2012 1, 1/17/12)
A.
Sirens
Prohibited.
1.
No alarm system which emits the sound of a siren shall be installed or connected on the outside of any building which emits an audible sound of a siren, as defined in Section 9.60.030. This section shall not be construed to prohibit the use of certain electronic horns or howlers that may be approved by the Chief of Police or designated representative, provided that they do not emit a sound similar to a siren.
2.
Anyone who installs or permits the installation of, or uses an alarm system which emits the sound of a siren is guilty of an infraction as provided in Section 9.60.070(A).
B.
Automatic
Shutoff Required. Any alarm system which is installed or connected
which, when activated, generates an audible sound of a siren on the
exterior of the structure in which the system is maintained, shall
have as part of the alarm system an automatic shutoff device which
shuts off the alarm system within 20 minutes of initial activation.
Any alarm system which is installed and in operation which, when activated,
generates an audible sound on the exterior of the structure in which
the system is maintained, shall have such an automatic shutoff device
as described above.
1.
Any person who uses, or causes the installation of, an audible alarm system without the required shutoff is guilty of an infraction as provided in Section 9.60.070(A).
2.
Any alarm company who installs an audible alarm system without the required shutoff is guilty of an infraction as provided in Section 9.60.070(A).
(O2012 1, 1/17/12)
A.
No automatic dialing device shall be interconnected to a primary trunkline of the Police Department. Any person who makes or permits the interconnection is guilty of an infraction as provided in Section 9.60.070(A).
C.
The
relaying of messages to the Police Department by a central station,
modified central station, or an answering service shall be over a
primary trunkline.
D.
No automatic
dialing device may be interconnected to the telephone operator, Napa
city telephone operator, or 911 emergency center operator.
(O4226; O96-015)
A.
Robbery Alarm Systems. A robbery alarm system may only be activated in the event of an actual or attempted robbery as defined in Section 9.60.030. The activation of a robbery alarm system for any other purpose is an infraction, punishable by a fine not exceeding $500.00.
B.
Panic
Alarm. A panic alarm system may only be activated in the event of
a violent act or the immediate present threat of a violent act. The
activation of a panic alarm system for any other purpose is an infraction,
punishable by a fine not exceeding $500.00.
(O4226; O96-015)
A.
Alarm
User. No person shall install, connect or operate any law enforcement
alarm system as defined in this chapter within the city limits of
the City of Napa without first obtaining a permit from the Chief of
Police in accordance with the provisions of this chapter. Any installation,
connection or operation of any law enforcement alarm system without
a valid permit is an infraction punishable by a fine not exceeding
$500.00.
B.
Alarm
Companies.
1.
No
alarm company shall perform any installation, connection or maintenance
of any law enforcement alarm system for which a valid permit has not
been issued. It is incumbent on the alarm company to verify the existence
of a valid permit either by inspecting the actual permit in possession
of the alarm user, or by confirming the permit with the Napa Police
Department. Any installation, connection or maintenance of any law
enforcement alarm system by an alarm company for which no valid permit
has been issued is an infraction punishable by a fine not exceeding
$500.00.
2.
Any
alarm company notified by the Napa Police Department that an alarm
system user's permit has been suspended, revoked, or not renewed,
shall discontinue any and all service on such system within 15 days
of notification.
(O4226; O96-015; O2012 1, 1/17/12)
A.
Application
Required. Alarm users shall apply with the Napa Police Department
for a permit to operate any law enforcement alarm system as defined
in this chapter.
B.
Application
Form. The Napa Police Department shall determine and provide the application
form to be used.
C.
Fees.
The city shall establish by resolution a nonrefundable application
fee, which shall be paid by the applicant at the time of application.
1.
This
fee shall reimburse the city for costs associated with the application
processing, alarm site inspection, and permit issuance.
2.
The
applicant will be issued a permit within 10 business days following
the city's receipt of the required application fee and a completed
application form that provides all information required.
D.
Multiple
Systems. An alarm user who intends to operate more than one alarm
system on any single premises, property or business may apply for
a permit to operate all systems on a single application, or at his
or her option, apply separately for each system and pay the application
fee for each permit. False alarms shall be calculated and charged
against the permit regardless of the number of types of systems operated
under the permit.
E.
Confidentiality.
The information contained on the application form and any subsequent
inspection or investigation notes, reports, or files pertaining to
the permittee, business or alarm company shall be confidential and
not open to public inspection. It is declared that this information
is critical to the safety and security of the permittee, his or her
agents and employees, and law enforcement personnel and that the public
interest served by not disclosing such information to the public clearly
outweighs the public interest served by disclosing such information.
(O4226; O96-015; O2012 1, 1/17/12)
A.
Renewals.
Each permittee shall be required to renew all alarm system permits
issued thereto every three years. The city shall establish a renewal
fee, which shall be paid prior to the expiration date of the existing
permit.
B.
Reapplications.
Permittees shall reapply for an alarm permit under any of the following
conditions:
(O2012 1, 1/17/12)
A.
By Whom
Issued. All permits issued pursuant to this chapter shall be approved
by the Chief of Police or designee.
B.
To Whom
Issued. All permits issued pursuant to this chapter shall be to the
alarm user as defined in this chapter.
C.
Permit
Period. Each permit issued pursuant to this chapter shall remain valid
for a period of three years from date of issuance unless otherwise
revoked, suspended or terminated as prescribed in this chapter.
(O4226; O96-015)
A.
Transfer.
Permits issued pursuant to this chapter may be transferred to a new
alarm user occupying the same premises served by the system under
the following conditions:
B.
Modification
of System. Any change in the number or type of systems operated under
a permit issued pursuant to this chapter shall be reported to the
Police Department, in writing, at least 24 hours in advance of the
operation of the modified system.
C.
Waiver
of Previously Incurred False Alarms. Upon transfer of a permit to
a new permittee, all previous false alarms shall be waived and not
charged against the new permittee.
(O4226; O96-015; O2012 1, 1/17/12)
A.
Declaration.
The City of Napa declares that law enforcement responses to repeated
false alarms as defined in this chapter pose a critical drain on limited
police personnel resources, endanger responding officers, and deprive
the general taxpayer of a preventive police presence, thereby endangering
the general health and welfare of the community at large.
B.
Purpose. In order to encourage the proper maintenance and operation of law enforcement alarm systems and deter the frequency of false alarms, the city shall establish a false alarm response service fee to be paid by the alarm user when false alarms occur at a frequency determined to be excessive by Section 9.60.030 of this chapter.
C.
Fees
Payable. The city shall demand the fee, in writing, from the alarm
user upon determining that the alarm system(s) authorized under the
permit have registered excessive false alarms as defined herein. Such
demand is due and payable within 30 days of billing.
(O4226; O96-015; O2012 1, 1/17/12)
A.
Suspension.
The Police Chief or designee may suspend an alarm system permit under
any of the following circumstances:
B.
Length
of Suspension. The Chief of Police or designee may suspend an alarm
system permit for up to 365 calendar days.
C.
Effect
of Suspension. During the period of time a permit is suspended, the
Police Department will not respond personnel to the alarm site based
solely on the activation of the system.
D.
Revocation.
The Police Chief or designee may revoke an alarm user's permit under
any of the following conditions:
1.
When
the permittee has furnished false information on the alarm system
permit application;
2.
When
the permittee has had three or more suspensions in any 12-month period
and has failed to correct the condition(s) leading to the suspension;
3.
When
the permittee has failed to pay any fee or charge imposed under this
chapter; or
4.
When
an alarm user fails to satisfy a judgment of a court of law as a result
of a conviction of any provision of this chapter.
E.
Effect
of Revocation. Upon notice of a permit revocation, the Police Department
shall no longer respond personnel to the alarm site based solely on
the activation of the alarm system.
F.
Notice of Permit Denial, Suspension or Revocation. If an applicant for a permit is denied or a permit is suspended or revoked pursuant to this section, the Chief of Police shall serve on the applicant or permittee a written notice of the Chief of Police's determination including, in the case of suspension, the length of the proposed suspension, and of the right to a hearing to appeal the Chief of Police's determination pursuant to Section 9.60.150. Service shall be by certified/registered mail to the applicant's or permittee's last known address. Service shall be considered complete five days after such mailing.
(O2012 1, 1/17/12)
A.
Reapplication.
An alarm user may reapply for an alarm system permit after revocation
in the same manner and subject to the same fees as a new permit application.
B.
Inspection.
An alarm user whose permit has been revoked shall be subject to an
inspection and investigation by the Police Department to determine
whether the conditions which caused the revocation have been corrected.
C.
Reissuance.
Upon payment of all fees and charges and upon satisfactory proof that
all conditions which caused the revocation have been corrected, the
Police Chief or designee may reissue the permit.
(O2012 1, 1/17/12)
Any decision for a denial, suspension or revocation of a permit
may be appealed to an administrative hearing officer as outlined below:
A.
An applicant denied a permit, or a permittee whose permit has been suspended or revoked pursuant to Section 9.60.130, may appeal the determination of the Chief of Police by filing a request for an administrative hearing within 10 days of receipt of the Chief of Police's determination in accordance with Chapter 1.26 of this code. Any written determination made by the Chief of Police pursuant to this chapter shall be final unless appealed pursuant to the requirements of this section. Failure to timely request an administrative hearing in the manner required by this section constitutes waiver of the hearing and a failure to exhaust administrative remedies.
(O2012 1, 1/17/12)
The conviction and punishment of a violation deemed under any
provision of this chapter to be an infraction shall not be a bar to
imposing administrative sanctions as authorized by this chapter, nor
shall the imposition of any administrative sanction be a bar to prosecution
of a violation deemed under any provision of this chapter to be an
infraction.
(O2012 1, 1/17/12)
