All words and phrases used in this chapter which are defined
in the California Private Investigator and Adjuster Act (the "Act,"
state California
Business and Professions Code Section 7500 et seq.)
shall have the same meaning as in said Act, and certain additional
words and phrases used in this chapter are defined as follows:
Alarm Dispatch Request.
A notification to a law enforcement agency that an alarm,
either manual or automatic, has been activated at a particular Alarm
site.
Alarm Installation Company.
A person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
Alarm System in an Alarm Site.
Alarm Registration.
Authorization granted by the Police Department to an Alarm
User to operate an Alarm System.
Alarm School.
A class conducted for the purpose of educating Alarm Users
about the responsible use, operation, and maintenance of Alarm Systems
and the problems created by False Alarms.
Alarm Site.
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.
Any 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.
Alarm System does not include an alarm installed in a vehicle or on
someone's person.
Alarm User.
Any person who has contracted for monitoring, repair, installation
or maintenance service from an Alarm Installation Company or Monitoring
Company for an Alarm System, or who owns or operates an Alarm System
which is not monitored, maintained, or repaired under contract.
Audible Alarm.
A device designed for the detection of unauthorized entry
on premises which generates a silent or audible sound on the premises
when it is activated.
Board.
The Board of Fire and Police Commissioners of the City of
Santa Barbara.
Cancellation.
The process where response is terminated when a Monitoring
Company 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.
False Alarm.
An alarm signal, either silent or audible, necessitating
response by the Police Department where an emergency situation for
which the alarm system was designed or used does not exist. Activation
of an audible alarm system for five seconds or less shall not be deemed
a false alarm. Activation of an alarm system due to abnormal conditions
(windstorms, downed trees, power outages caused by grid failure, and
other natural disasters) beyond the control of the Alarm User shall
not be deemed a false alarm.
Monitoring.
The process by which a Monitoring Company receives signals
from an Alarm System and relays an Alarm Dispatch Request to the Police
Department for the purpose of summoning law enforcement to the Alarm
Site.
Panic Alarm.
An audible or silent Alarm System signal generated by the
manual activation of a device intended to signal a life threatening
or emergency situation requiring law enforcement and/or medical response.
Person.
An individual, corporation, partnership, association, organization
or similar entity.
Responder.
An individual capable of reaching the Alarm Site and having
access to the Alarm Site, the code to the Alarm System and the authority
to approve repairs to the Alarm System.
Takeover.
The transaction or process by which an Alarm User takes over
control of an existing Alarm System, which was previously controlled
by another Alarm User.
(Ord. 4420, 1986; Ord. 5329, 2004)
It is unlawful for any person required to have a valid state
license as an alarm system operator issued by the Bureau of Security
and Investigative Services per the Business and Professions Alarm
Company Act to engage in the business of alarm company operator within
the City without first filing a copy of the state license with the
City of Santa Barbara and obtaining a Business License from the City.
(Ord. 4420, 1986; Ord. 5329, 2004)
It is unlawful for any person required to have a state issued
identification card as an alarm agent issued by the Bureau of Security
and Investigative Services per the Business and Professions Alarm
Company Act to act as an alarm agent within the City without first
registering his or her name and filing a copy of the state identification
card with the Police Department.
(Ord. 4420, 1986; Ord. 5329, 2004)
A. Registration
required. It is unlawful for any person to use, install or cause to
be installed an Alarm System on any premises within the City without
having first registered said Alarm System with the Police Department.
B. Separate
systems. A separate Alarm Registration is required for each Alarm
Site.
C. Transferability.
An Alarm Registration cannot be transferred to another Person or Alarm
Site. An Alarm User shall inform the Police Department of any change
that alters any of the information listed on the Alarm Registration
application within 10 business days of such change.
D. Payment
of penalties and fees. All penalties and fees owed by an applicant
to the City must be paid in full before an annual Alarm Registration
may be issued or renewed.
(Ord. 4420, 1986; Ord. 5329, 2004)
An application for an Alarm System permit shall be submitted
to the Chief of Police and shall set forth the following information:
A. The
name, complete address, and telephone numbers of the Person who will
be the registration holder and be responsible for the proper maintenance
and operation of the Alarm System and payment of fees assessed;
B. The
classification of the Alarm Site as either residential (includes apartment,
condo, mobile home, etc.) or commercial;
C. For
each Alarm System located at the Alarm Site, the classification of
the Alarm System (i.e. Burglary, Holdup, Duress, Panic Alarms, or
other) and for each classification whether such alarm is audible or
silent;
D. Any
dangerous or special conditions present at the Alarm Site;
E. The
type of business conducted at a commercial Alarm Site;.
F. The
address at which the Alarm System is to be installed and used and
hereinafter referred to as the Alarm Site.
G. If
the applicant is a corporation, the names and addresses of its principal
officers.
H. If
the applicant is a partnership, association, or other business entity,
the names and addresses of the partners or persons comprising the
same.
I. The
names, addresses and telephone numbers of three or more persons who
will be available to secure the premises during any hour of the day
or night.
J. If
the application is for a commercial Alarm System, an on-site phone
number must be provided at which an employee of the business can be
reached before and after closing hours.
(Ord. 4420, 1986; Ord. 4908, 1995; Ord. 5329, 2004)
Each Alarm Registration shall be valid for a period of only
one year and must be renewed annually by submitting an updated application
and a registration renewal fee to the City of Santa Barbara. The Alarm
User will be notified in writing by the City of the need to renew
each registration not less than 30 days prior to the expiration of
each registration. It shall be the responsibility of the Alarm User
to submit an application and the appropriate fees prior to the registration
expiration date. A late fee may be assessed if the renewal application
fee is not paid within 30 days of the date of the registration expiration.
(Ord. 5329, 2004)
Alarm Users who have three or more false alarms within a 12-month
Registration period will be eligible to attend Alarm School at which
time a waiver will be given to the Alarm User excusing one False Alarm.
The purpose of said class is to inform Alarm Users of the problems
created by False Alarms and teach Alarm Users how to avoid generating
False Alarms. Alarm Users with three or more false alarms can attend
one of two sessions per year to waive one False Alarm.
(Ord. 5329, 2004)
A. Warning
letters. If an alarm system emits a false alarm, a warning letter
directed to the Alarm User will be issued by the Police Department.
B. Civil
penalties for false alarms. Each registered Alarm User shall pay civil
penalties for each False Alarm beginning with the third False Alarm
in a 12-month registration period. The penalty will be based on a
penalty schedule approved by resolution of the City Council adopted
concurrently with the enactment of this chapter.
C. Non-registered
alarm users. Each non-registered Alarm User shall be directed to register
their Alarm System with the Police Department. The registration fee
shall be based on a schedule approved by resolution of the City Council
adopted concurrently with the enactment of this chapter.
D. Non-registered
false alarm penalties. Each non-registered Alarm User shall pay a
civil penalty for each False Alarm beginning with the first False
Alarm. The penalties will be based on a fee schedule approved by City
Council resolution.
E. Cancellation
of an alarm. If Cancellation occurs prior to law enforcement arriving
at the scene, it shall not be considered a False Alarm for the purpose
of the imposition of penalties, and no penalties shall be assessed.
F. Written notification of false alarms. The Chief of Police shall notify the Alarm User in writing after each False Alarm. The notification shall include the following: (1) if applicable, the amount of the penalty for the False Alarm; (2) when applicable, a notice that the Alarm User can attend Alarm School to waive a penalty; and (3) a description of the appeals procedure available to the Alarm User pursuant to Section
9.100.130.
(Ord. 4420, 1986; Ord. 5329, 2004)
A. Right to appeal; notice of appeal. The action of the Police Chief notifying an Alarm User of a civil penalty and imposing the penalty may be appealed to the Board by filing written notice of appeal with the City Clerk within 15 days after the date appearing on the Warning Letter issued pursuant to Section
9.100.120.
B. Hearing and determination. The Board shall hear and determine such an appeal at its next regular meeting following filing of the appeal. Written notice of the time and place of hearing shall be served on the Alarm User not less than seven days prior to the date of the scheduled Board appeal hearing. Upon conducting a hearing regarding the appeal, the Board may uphold, reverse, or modify the Police Chief's decision. The procedures for the conduct of an appeal hearing held by the Board pursuant to this section shall be those procedures established in Section
1.25.100. An affirmative vote of a majority of the membership of the Board shall be required to reverse or modify any decision ordered by the Police Chief. The decision of the Board shall constitute a final administrative decision regarding the appeal and the imposition of the civil penalty.
C. Billing
for penalties. Not less than once a year, the Chief of Police shall
certify to the Finance Director of the City the following information:
(1) the names of those Alarm System users for which civil penalties
have been imposed; (2) the address of Alarm Systems for which false
alarms have emanated and for which penalties have been imposed; and
(3) the amount of the penalties then due the City from such Alarm
System users, which penalties have either not been appealed to the
Board pursuant to this section or for which the Board, after conducting
the required appeal hearing, has upheld the imposition of penalties
under this chapter.
Thereafter, the Finance Director shall bill the Alarm Users
for all penalty amounts duly imposed pursuant to this chapter.
D. Collection of unpaid penalties. Those penalties which remain unpaid after billing pursuant to subsection
C above may be collected as a lien against the real property upon which the Alarm System is located, provided the pre-conditions and the due process procedures provided for such manner of collections as established in subsections
B and
C of Section
1.25.130 are duly followed. For the purposes of this section, the term "Director" as used in Section
1.25.130 shall be deemed to be the Chief of Police.
E. Right of judicial review. An Alarm User or affected real property owner shall have the rights described in Section
1.25.120 to obtain judicial review of any action of the Chief of Police or of the Board taken pursuant to this chapter, including, but not limited to, actions taken to impose civil penalties.
(Ord. 4420, 1986; Ord. 5329, 2004)
In the interest of public safety, all information contained
in and gathered through Alarm Registration applications, applications
for appeals, and Alarm User lists shall be held in confidence by all
employees or representatives of the municipality and by any third-party
administrator or employees of a third-party administrator with access
to such information to the full extent allowed by law.
(Ord. 5329, 2004)