[Ord. 1608, 4-4-2012]
The purpose of this chapter is to encourage alarm users to properly use and maintain their alarm systems and to reduce or eliminate false alarms.
[Ord. 1608, 4-4-2012]
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A person or third party designated by the City of Indio authority to administer, control and review false alarm reduction efforts and administer the provisions of this chapter.
A person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system in an alarm site. However, an "alarm installation company" does not include persons doing installation or repair work where such work is performed without compensation of any kind (i.e., “do-it-yourselfers”).
Authorization granted by the Alarm Administrator to an alarm user to operate an alarm system.
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.
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 system. An alarm system does not include an alarm installed in a vehicle or on someone’s person unless the vehicle or the personal alarm is permanently located at a site.
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.
The ANSI - American National Standard Institute approved Security Industry Association - SIA CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce the incidence of false alarms. Control panels built and tested to this standard by Underwriters Laboratory (UL), or other nationally recognized testing organizations, will be marked to state: “Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction.”
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.
The transaction or process by which one alarm installation company or monitoring company begins the servicing and/or monitoring of a previously unmonitored alarm system or an alarm system previously serviced and/or monitored by another alarm company.
A silent alarm system signal generated by the entry of a designated code into an arming station in order to signal that the alarm user is being forced to turn off the system and requires law enforcement response.
The activation of an alarm system through mechanical failure, accident, misoperation, malfunction, misuse, improper activation or negligence, which does not require police service other than deactivation of the alarm. "False alarms" shall not include alarms caused by acts of God or other causes which are beyond the control of the alarm user or alarm installation company or monitoring company.
A person selected by the City Manager to conduct an administrative hearing that has no bias or pecuniary interest in the matter to be heard.
A silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress or immediately after it has occurred.
Any alarm system, which is not monitored, that annunciates an alarm only at the alarm site.
The process by which a monitoring company receives signals from an alarm system and relays an alarm dispatch request to the municipality for the purpose of summoning law enforcement to the alarm site.
A person or entity in the business of providing monitoring services.
The manual activation of a silent alarm signal by entering a code at an arming station that adds one to the last digit of the normal arm/disarm code (e.g., normal code = 1234, One Plus Duress Code = 1235).
An audible alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response.
An individual capable of reaching and having access to the alarm site, the code to the alarm system, and the authority to approve repairs to the alarm system.
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. 1608, 4-4-2012]
(A)
No alarm user shall operate, or cause to be operated an alarm system at its alarm site without an alarm permit issued in accordance with the provisions of this section. A separate alarm permit is required for each alarm site.
(B)
Any person wishing to obtain an alarm permit shall apply on a form provided by the Alarm Administrator and shall be accompanied by an application fee in the amount established from time to time by resolution of the City Council. Each alarm permit application must include the following information:
(1)
The name, complete address, and telephone numbers of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this chapter;
(2)
The classification of the alarm site as either residential (includes apartment, condo, mobile home, etc.) or commercial;
(3)
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;
(4)
Mailing address, if different from the address of the alarm site;
(5)
Any dangerous or special conditions present at the alarm site;
(6)
Names and telephone numbers of at least two individuals who are able and have agreed to:
(7)
Type of business conducted at a commercial alarm site;
(8)
Signed certification from the alarm user stating the following:
(a)
The date of installation, conversion or takeover of the alarm system, whichever is applicable;
(b)
The name, address, and telephone number of the alarm installation company or companies performing the alarm system installation, conversion or takeover and of the alarm installation company responsible for providing repair service to the alarm system;
(c)
The name, address, and telephone number of the monitoring company if different from the alarm installation company;
(d)
That a set of written operating instructions for the alarm system, including written guidelines on how to avoid false alarms, have been left with the applicant by the alarm installation company; and
(e)
That the alarm installation company has trained the applicant in proper use of the alarm system, including instructions on how to avoid false alarms.
(9)
Any additional information requested by the Alarm Administrator.
(C)
An application for an alarm permit shall be processed by the Alarm Administrator within 30 days of receipt. The permit may be denied by the Alarm Administrator on any one of the following grounds:
(1)
The applicant fails to provide the information required by § 131.003(B);
(2)
The applicant or the applicant’s agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit;
(3)
The applicant has failed to pay a fine or fee assessed under this chapter; or
(4)
The applicant has had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected.
(D)
Revocation of permit.
(1)
The Alarm Administrator may revoke an alarm permit issued pursuant to this section if, after investigation, the Alarm Administrator determines that the applicant has:
(2)
In the event the Alarm Administrator determines that it is necessary to suspend or revoke a permit, the Alarm Administrator shall send a notice of intent to suspend or revoke the permit to the permittee informing him that the permit shall be suspended or revoked 14 business days following the date of such notice of intent. The notice shall include the reason for suspension or revocation and a statement of the right to appeal the decision of the Alarm Administrator to the Hearing Officer. The suspension or revocation shall be effective 14 calendar days from and after the service of the notice. During that 14-day period, the permittee may appeal the decision of the Alarm Administrator to the Hearing Officer as provided in § 131.003(E).
(E)
Appeal to Hearing Officer. Any person, whose permit is suspended or revoked, may file an appeal with the City Clerk within 14 calendar days from the date of the mailing of notice of revocation. The permit shall remain in effect while the appeal is being processed and heard by the Hearing Officer. The Hearing Officer shall make his or her decision on the basis of the preponderance of the credible evidence presented at the appeal hearing and shall render a decision within ten business days of the hearing to either affirm, reverse, or modify the action of the Alarm Administrator. Notice of this decision shall be sent to the permittee. The Hearing Officer’s decision after such hearing shall be final and conclusive. If a permit is revoked under this section, the permittee may be issued a new permit if the reason for the revocation is removed, the Alarm Administrator is notified in writing of such removal, and the former permittee follows the procedure set forth herein for applying for an alarm Permit.
(F)
Any alarm user who knowingly operates or causes a false alarm to occur after his or her alarm permit has been suspended or revoked shall be subject to civil and or criminal penalties.
(G)
An alarm permit cannot be transferred to another person or alarm site. An alarm user shall inform the Alarm Administrator of any change that alters any of the information listed on the alarm permit application within five business days of such change.
(H)
All fines and fees owed by an applicant must be paid before an alarm permit may be issued or renewed.
(I)
An alarm user with an installed alarm system on the effective date of the ordinance adopting this chapter shall apply for a permit as required herein within 90 days of such effective date.
[Ord. 1608, 4-4-2012; Ord. 1630, 5-1-2013]
(A)
An Alarm Permit shall be issued for a one year period. It shall be the responsibility of the Alarm User to renew the Alarm Permit annually by submitting a renewal form and updating the information on the application previously provided to the City and submitting the renewal fee established from time to time by resolution of the City Council.
(B)
Persons sixty-five (65) years of age or over applying for an Alarm Permit for a residential alarm system shall be exempt from paying for the Alarm Permit and the Alarm Permit renewal fee, but are still required to apply for and renew their Alarm Permit annually and update their information on the application previously provided to the City as provided in § 131.004(A).
[Ord. 1608, 4-4-2012]
(A)
(B)
An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than ten minutes after being activated.
(C)
An alarm user shall have a licensed alarm installation company inspect the alarm system after two false alarms in a one-year period. The Alarm Administrator may waive a required inspection if it determines that a false alarm(s) could not have been related to a defect or malfunction in the alarm system. After four false alarms within a one-year period, the alarm user must have a licensed alarm installation company modify the alarm system to be more false alarm resistant and provide additional user training as appropriate.
(D)
An alarm user shall not use automatic voice dialers.
(E)
An alarm user shall maintain at each alarm site, a set of written operating instructions for each alarm system.
(F)
This section applies to all individuals and firms, who have installed and/or monitor their own alarm system.
[Ord. 1608, 4-4-2012]
(A)
The alarm installation company shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. Such instructions will specifically include all instructions necessary to turn the alarm system on and off and to avoid false alarms.
(B)
Upon the effective date of the ordinance adopting this chapter, alarm installation companies shall not program alarm systems so that they are capable of sending One Plus Duress Alarms. The alarm installation company shall remove the One Plus Duress Alarm feature from alarm systems whenever an alarm technician is at the alarm site or otherwise accessing the panel for reprogramming purposes.
(C)
Upon the effective date of the ordinance adopting this chapter, alarm installation companies shall not install a device to activate a holdup alarm, which is a single action, non-recessed button.
(D)
Upon the effective date of the ordinance adopting this chapter, the alarm installation companies shall use only ANSI/SIA CP-01 listed alarm control panels on all new installations and panel replacements or upgrades.
(E)
An alarm installation or monitoring company shall not use automatic voice dialers.
(F)
After completion of the installation of an alarm system, an alarm installation company employee shall provide and review with the alarm user a checklist for the prevention of false alarms in the form approved by the City's Alarm Administrator.
(G)
The alarm installation or monitoring company shall not make an alarm dispatch request of a law enforcement agency in response to a burglar alarm signal, excluding panic, duress and holdup signals, during the first seven days following an alarm system installation. The Alarm Administrator may grant an alarm user’s request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption.
(H)
A monitoring company shall:
(1)
Report alarm signals by using telephone numbers designated by the Alarm Administrator.
(2)
Verify every alarm signal, except a duress, panic or holdup alarm activation, before initiating an alarm dispatch request.
(3)
Communicate alarm dispatch requests to the city in a manner and form determined by the Alarm Administrator.
(4)
Communicate alarm cancellations to the city in a manner and form determined by the Alarm Administrator.
(5)
Ensure that all alarm users of alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the duress, holdup or panic alarm.
(6)
Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the alarm dispatch request.
(7)
Communicate nature of alarm (i.e., burglary, robbery, panic, duress, silent, audible, interior or perimeter).
(8)
After an alarm dispatch request, promptly advise the Police Department if the alarm installation or monitoring company knows that the alarm user or other responder is on the way to the alarm site.
(9)
Attempt to contact the alarm user or other responder within 24 hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made.
(10)
Within 90 days of the effective date of the ordinance adopting this chapter, the alarm installation or monitoring company (whichever is applicable) must maintain for a period of at least one year from the date of the alarm dispatch request, records relating to alarm dispatch requests. Records must include the name, address and telephone number of the alarm user, the alarm system zone(s) activated, the time of alarm dispatch request and evidence of an attempt to verify that the alarm was legitimate. The Alarm Administrator may request copies of such records for individually named alarm users. If the request is made within 60 days of an alarm dispatch request, the monitoring company shall furnish requested records within three business days of receiving the request. If the records are requested between 60 days to one year after an alarm dispatch request, the monitoring company shall furnish the requested records within 30 days of receiving the request.
(I)
An alarm installation company and/or monitoring company that purchases alarm system accounts from another person or company shall notify the Alarm Administrator of such purchase and provide details as may be reasonably requested by the Alarm Administrator.
(J)
Each alarm installing company and alarm monitoring company must designate one individual as the Alarm Response Manager (ARM) for the company who will manage alarm related issues and act as the point of contact for the Alarm Administrator. The appointed individual must be knowledgeable of the general provisions of this chapter, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the Alarm Administrator. The name, phone number, and email address of the designated ARM must be provided to the Alarm Administrator.
(K)
An alarm installation company and/or monitoring company shall provide the Alarm Administrator with a customer list in a format acceptable to the Alarm Administrator, upon request, to assist the Alarm Administrator with creating law enforcement tracking data. The city shall endeavor to maintain this customer information as confidential subject to the limitations set forth in the California Public Records Act.
(L)
A monitoring company may not process alarm dispatch requests to an alarm site after notification by the Alarm Administrator that the alarm permit for the alarm site has been suspended or revoked.
(M)
If an inspection is required at an alarm site, no employee or contractor of the alarm installation company shall knowingly make a false statement concerning the inspection of an alarm site or the performance of an alarm system.
[Ord. 1608, 4-4-2012]
(A)
Each time an alarm installation company sells and installs a new alarm or takes over an existing alarm system within the City of Indio, the alarm installation company shall complete and submit the initial alarm permit application on behalf of the alarm user, which shall be signed by the alarm user and the alarm installation company, along with the applicable fee, within ten business days of the completion of the installation.
(B)
If an alarm user self installs an alarm system it shall be the responsibility of the alarm user to complete the alarm permit application.
[Ord. 1608, 4-4-2012]
All alarm installation companies and monitoring companies shall register with the Alarm Administrator by filing a copy of their registration card issued to them by the State of California. In addition all alarm installation companies and monitoring companies shall obtain a city business license.
[Ord. 1608, 4-4-2012]
No alarm user shall permit the installation or use of and no alarm company shall install an alarm system with a direct dial to the City of Indio Police Department.
[Ord. 1608, 4-4-2012]
(A)
If, within a 12-month period at a single site, any alarm user causes more than one false alarm to be transmitted to the Police Department, the alarm user shall be issued an administrative citation pursuant to Chapter 12 of this code and shall pay the citation amount as established from time to time by the City Council by resolution.
(B)
If cancellation of an alarm dispatch request occurs prior to law enforcement arriving at the scene, no administrative citation will issue.
[Ord. 1608, 4-4-2012]
(A)
The Alarm Administrator may suspend law enforcement response to an alarm site by suspending or revoking the alarm permit if it is determined that:
(B)
A person is in violation of this chapter if he or she operates an alarm system during the period in which the alarm permit is suspended or revoked.
(C)
If the alarm permit is reinstated pursuant to this chapter, the Alarm Administrator may again suspend law enforcement response to the alarm site by again revoking the alarm permit if it is determined that four or more false alarms have occurred within 30 days after the reinstatement date.
[Ord. 1608, 4-4-2012]
(A)
A person whose alarm permit has been suspended or revoked may, at the discretion of the Alarm Administrator, have the alarm permit reinstated if the person:
(1)
Pays a reinstatement fee in the amount established from time to time by City Council resolution;
(2)
Pays, or otherwise resolves, all outstanding citations and fines; and
(3)
Provides satisfactory evidence to the Alarm Administrator that the alarm system has been inspected and repaired (if necessary) by the alarm installation company; and/or that additional training in the proper use of the alarm system was provided by the alarm installing company for all alarm users.
(B)
In addition, the Alarm Administrator may require one or more of the following as a condition to reinstatement:
(1)
Proof that an employee of the alarm installation company or monitoring company caused the false alarm;
(2)
A certificate showing that the alarm user has successfully completed the alarm user awareness class, if such class is available;
(3)
A written statement from an independent inspector that the alarm system has been inspected and is in good working order;
(4)
Confirmation that all motion detectors are “dual technology” type;
(5)
Confirmation that the monitoring company will not make an alarm dispatch request unless the need for law enforcement is confirmed by audio or video verification;
(6)
Confirmation that the monitoring company will not make an alarm dispatch request unless the need for law enforcement is confirmed by a person at the alarm site.
[Ord. 1608, 4-4-2012]
(A)
Any person who fails to comply with or is in violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor unless in the discretion of the City Attorney, is charged and prosecuted as an infraction in accordance with § 10.99 of this Code. Alternatively, any person who fails to comply with or is in violation of any of the provisions of this chapter may be subject to administrative citations issued in accordance with Chapter 12 of this code.
(B)
Suspension or revocation of a permit shall not be a defense against prosecution.
(C)
The criminal conviction of any person for a violation of the provisions of this chapter shall not release such person from paying the city any fines, fees or other costs established by this code and/or any City Council resolution.
(D)
The city may use any or all legal remedies available, including criminal, civil and/or administrative remedies, to secure compliance with the provisions of this code and multiple legal remedies may be used to achieve compliance with respect to persons who commit continuing violations. Repeating the act constituting a violation or allowing a condition or circumstance constituting a violation to exist for more than 24 hours shall constitute a separate offense.
[Ord. 1608, 4-4-2012]
(A)
Nothing in this chapter shall be deemed to impose any liability on the part of the city as to any alarm user or to any other person or entity, as a result of any defect in an alarm system, failure of the city to receive an alarm, suspension of revocation of an alarm permit, or failure of the city or its Police Department to respond to any alarm regulated by this chapter, whether false or not. The City Council declares that it shall be entirely within the discretion of each police officer receiving a report of an alarm activation, as to whether or not to respond to such alarm, and that the city assumes no duty to respond to any alarm as a result of the enactment of this chapter or prior decisions to respond to alarms.
(B)
The city’s issuance of an alarm permit pursuant to this chapter shall not create any contract, duty or obligation, either expressed or implied, of police response. Any liability and damages, whether arising from or relating to damage or destruction of property or injury to any person including death, alleged to result, directly or indirectly from an alleged response failure, or timely response failure, is hereby disclaimed, and governmental immunity as provided by law is retained.
[Ord. 1608, 4-4-2012]
The City Council authorizes the Chief of Police or his or her designee to promulgate rules and regulations to implement the provisions of this chapter.