A. 
The city council finds that the incidence of false alarms within the city is unreasonably high, reaching 99 percent of all alarm calls. The problems of excessive false alarms include:
1. 
A high dollar cost and consequent waste of resources in response to false alarms;
2. 
The congestion of telephone communication into the police department and of radio communication between the police department and the patrol units;
3. 
The incidence of accidents and potential accidents during emergency responses to false alarms;
4. 
The diversion of police officers from other duties and possible delays in answering valid calls for service; and
5. 
Potential danger to an officer who could develop a complacent attitude toward alarm calls after investigating repeated false alarms.
B. 
False alarms and police response to them pose a hazard to police officers and the general public.
C. 
The purpose of this chapter is to regulate police response to burglar, holdup, and other alarms. Such regulation is necessary to promote the health, safety and welfare of the people.
D. 
The purpose of this chapter is also to encourage alarm users to reduce the high number of false alarms by:
1. 
Repairing or correcting defective or overly sensitive alarm systems;
2. 
Training themselves and their business employees or family members in the proper and careful use of the alarm system; and
3. 
Installing good quality, reliable alarm systems.
(Ord. 82-15 N.S. § 1, 1982)
"Alarm administrator"
means a person or persons designated by the city to administer the provisions of this chapter.
"Alarm company"
means a business entity, whether an individual, partnership, company, firm, or corporation, subject to the Alarm Company Act under Business and Professions Code Chapter 11.6, which is engaged in selling, leasing, installing, maintaining, moving, altering, repairing, replacing, responding or monitoring an alarm system. This entity shall be licensed in compliance with city, county and state laws.
"Alarm permit"
means a permit issued to an alarm user by the city allowing the operation of an alarm system within the city of Benicia.
"Alarm signal"
means a detectable signal, audible or visible, generated by an alarm system, to which law enforcement is requested to respond.
"Alarm system"
means any single device or assembly of equipment designed to signal the occurrence of an illegal or unauthorized entry or other activity to which law enforcement is requested to respond, but does not include motor vehicle or boat alarms, fire alarms, domestic violence alarms, or alarms designed to elicit a medical response.
"Alarm user"
means any person, corporation, partnership, proprietorship, governmental or educational entity or any other entity owning, leasing, or operating an alarm system, or the current residents or leasers whose premises an alarm system is maintained for the protection of such premises.
"Alarm user awareness class"
means 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.
"Cancellation"
means termination of response by the police department when the alarm company notifies the police department that there is not an existing situation at the alarm site requiring police response after an alarm dispatch request. If cancellation occurs prior to police arriving at the scene, this is not a false alarm for the purpose of civil penalty, and no penalty will be assessed.
"City"
means the city of Benicia or its agent.
"Compliance standards"
means equipment and installation methods shall comply with all appropriate nationally recognized testing laboratories and American National Standards Institute (ANSI) requirements.
"Confirmation"
means an attempt by the alarm system monitoring company to contact the alarm site and/or alarm user by telephone and/or other means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement response. A second call shall be made to an alternate number provided by the alarm user if the first attempt fails. Except in case of a fire, panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified as defined in ANSI/CSAA CS-V-01-2016 (or current version).
"False alarm"
means the activation of an alarm system when, upon inspection by the police department, there is no evidence of unauthorized entry, robbery, or other such crime attempted in or on the premises which would have activated a properly functioning alarm system. Notwithstanding the foregoing, a false alarm does not include an alarm which can reasonably be determined to have been caused or activated by unusually violent conditions of nature.
"Local alarm"
means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and is not monitored by a remote monitoring facility, whether installed by an alarm company or user.
"Permit year"
means a 12-month period beginning on the day and month on which an alarm permit is issued.
"Runaway alarm"
means an alarm system that produces repeated alarm signals that do not appear to be caused by separate human action. The police department may in its discretion discontinue police responses to alarm signals from what appears to be a runaway alarm.
(Ord. 82-15 N.S. § 1, 1982; Ord. 17-10 § 3)
This chapter does not apply to alarms on vehicles, boats, boat trailers, house trailers or recreational vehicles or fire alarms.
(Ord. 82-15 N.S. § 1, 1982; Ord. 17-10 § 4)
A. 
A user of an alarm system must provide to the alarm company or alarm company's answering service the name and telephone number of one person who can respond with keys to the premises and alarm system to provide to the city when needed.
B. 
Audible Alarm Requirements. Every person owning or maintaining an audible alarm shall post a notice containing the name and telephone number of the persons to be notified to render repairs or services during any hour of the day or night the burglar alarm rings. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building. In addition to the posting requirements referred to in this subsection, the occupant of the premises upon which any audible alarm is installed shall notify the police department of his name and the telephone number at which he may be reached at any time of the day or night; registration of the alarm system will satisfy this requirement. The alarm business or owner of any audible alarm shall be responsible for deactivating any alarm within 30 minutes after notification or after reasonable efforts have been made to notify the owner or alarm business that such alarm has been activated and is ringing. The ringing of any alarm for a period in excess of 30 minutes after such notification or effort of notification has been made is declared to be a public nuisance and subject to misdemeanor prosecution, or summary abatement as a nuisance pursuant to the Benicia Municipal Code.
C. 
A user or his authorized representative shall respond to all activated alarms as required above.
D. 
Each burglar alarm installed after the date the ordinance codified in this chapter becomes effective shall be equipped with a minimum 30-second delay device with an audible sound or visual indication to notify any person on the premises of a potential false alarm; provided, that this requirement shall not apply to burglar alarm systems that are required to have Underwriters' Laboratories certification for insurance purposes.
E. 
Permit Required. No person shall use an alarm system without first obtaining a permit for such alarm system from the city. A fee will be required for the initial registration and annual renewals established by council resolution. Each alarm permit shall be assigned a unique permit number, and the user shall provide the permit number to the alarm company to facilitate law enforcement dispatch.
1. 
Application. The permit shall be requested on an application form provided by the city. An alarm user has the duty to obtain an application from the city.
2. 
Transfer of Possession. When the possession of the premises at which an alarm system is maintained is transferred, the person (user) obtaining possession of the property shall file an application for an alarm permit within 30 days of obtaining possession of the property. Alarm permits are not transferable.
3. 
Reporting Updated Information. Whenever the information provided on the alarm permit application changes, the alarm user shall provide correct information to the city within 30 days of the change. In addition, each year after the issuance of the permit, permit holders will receive from the city a form requesting updated information. The permit holder shall complete and return this form to the city whether or not any of the requested information has changed; failure to comply will constitute a violation and may result in a civil penalty.
4. 
Multiple Alarm Systems. If an alarm user has one or more alarm systems protecting two or more separate structures having different addresses and/or tenants, a separate permit shall be required for each structure and/or tenant.
F. 
Duties of the Alarm User.
1. 
Maintain the premises and the alarm system in a method that will reduce or eliminate false alarms.
2. 
Provide the alarm company the permit number. (The number must be provided to the communications center by the alarm company to facilitate dispatch.)
3. 
Respond or cause a representative to respond to the alarm system's location within a reasonable amount of time when notified by the police department.
4. 
Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.
5. 
An alarm user must obtain a new permit and pay any associated fees if there is a change in address or ownership of the location of the alarm system.
G. 
Duties of the Alarm Company.
1. 
Any person engaged in the alarm business in the city shall comply with the following:
a. 
Obtain and maintain the required state alarm license(s), and city business license.
b. 
Provide name, address, and telephone numbers of the alarm company license holder or a designee who can be called in an emergency, 24 hours a day; and be able to respond to an alarm call, when notified, within a reasonable amount of time.
c. 
Be able to provide the most current contact information for the alarm user and to contact a key holder for a response, if requested.
2. 
Prior to activation of the alarm system, the alarm company must provide instructions explaining the proper operation of the alarm system to the alarm user.
3. 
Provide written information (to the city) of how to obtain service from the alarm company for the alarm system.
4. 
Verified Response. An alarm company performing monitoring services shall:
a. 
Attempt to confirm, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone confirmation shall require, as a minimum, that a second call, also known as enhanced call confirmation (ECC), be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid, except in case of a fire, panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified as defined in ANSI/CSAA CS-V-01-2016 (or current version).
b. 
Provide alarm user registration number to the city's communications center to facilitate dispatch and/or cancellations.
c. 
Communicate any available information about the location of the alarm.
d. 
Communicate a cancellation to the city's communications center as soon as possible following a determination that response is unnecessary.
(Ord. 82-15 N.S. § 1, 1982; Ord. 17-10 § 5)
A. 
No person shall use or cause to be used any telephone device that automatically selects a public telephone line of the city, including, but not limited to, a 911 emergency line, and plays a prerecorded message to report an emergency without the written consent of the chief of police.
B. 
No person may connect or modify an alarm system terminating within the Benicia police station without the written consent of the chief of police.
C. 
It shall be unlawful to activate an alarm system for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to cause a false alarm.
D. 
It shall be unlawful to install, maintain, or use an audible alarm system which can sound continually for more than 15 minutes.
(Ord. 82-15 N.S. § 1, 1982; Ord. 17-10 § 6)
A. 
Any violation of the provisions of this chapter shall be punishable as a violation of this code or pursuant to the provisions of this chapter. 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.
B. 
A fine for failing to register an alarm system shall be paid to the city by an alarm user. A fine for each false alarm in excess of one false alarm during any 12-month period shall be paid to the city by an alarm user for each such false alarm signaled by the user's equipment to which the Benicia police department responds. Such fines shall be established by city council resolution.
C. 
The city shall cause to be issued a monthly bill for the unpaid fines accrued during any monthly billing period and any prior periods. Such bills shall be due and payable within 30 days after the billing date.
D. 
A late payment penalty, as set forth below, shall be added to fines imposed under subsection (B) of this section when the fine is not paid within 30 days after the billing date.
1. 
A 10 percent penalty shall be assessed if payment is not received within 30 days after the first billing date;
2. 
An additional penalty of one percent of the amount then owed shall be assessed for each month thereafter that the fines and penalties remain unpaid.
E. 
The amount of any fine and late penalty assessed pursuant to this chapter shall be deemed a debt to the city and an action may be commenced in the name of the city in any court of competent jurisdiction in the amount of the delinquent debt. Payment of any fine shall not prohibit criminal prosecution for the violation of any other provisions of this chapter.
(Ord. 82-15 N.S. § 1, 1982; Ord. 94-2 N.S. § 1, 1994; Ord. 17-10 § 7)
A. 
The chief of police may suspend police alarm response for the following reasons:
1. 
Violation of any of the provisions of this chapter; or
2. 
Failure to pay a fine and/or late penalty imposed within the time required by BMC § 9.44.060;
3. 
A holdup alarm is intentionally activated when a burglary or other felony crime is not occurring; or
4. 
An alarm system emits more than five false alarms in any one location within a calendar year.
B. 
Before police alarm response is suspended, the chief of police shall hold a hearing. Notice of the time, date, place and nature of the hearing shall be sent to the alarm subscriber seven days before the hearing.
C. 
A decision suspending police alarm response may be appealed by filing written notice of appeal in accordance with Chapter 1.44 BMC.
D. 
In a hearing under this section, participants shall not be limited by the technical rules of evidence.
E. 
The chief of police may reinstate police alarm response when shown that the reason for suspension has been corrected.
(Ord. 82-15 N.S. § 1, 1982; Ord. 94-2 N.S. § 2, 1994; Ord. 07-41 § 1)
A. 
Under Business and Professions Code Section 7590 et seq., each alarm agent of an alarm company operator is required to register with the Bureau of Consumer Affairs.
B. 
An alarm agent shall register his name with the city and police department and file a copy of his state identification card. No fee is charged for registration in the city.
(Ord. 82-15 N.S. § 1, 1982; Ord. 17-10 § 8)
A. 
The chief of police may adopt rules and regulations he considers necessary to endorse conformance to this chapter.
B. 
Appeals Process. Assessments of civil penalties and other enforcement decisions made under this chapter may be appealed by filing a written notice of appeal with the police department within 10 business days after the date of notification of the assessment of civil penalties or other enforcement decision. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalties or other enforcement decision. Appeals shall be heard through an administrative process established by the city. The hearing officer's decision is subject to review in the district court by proceedings in the nature of certiorari.
C. 
Appeal Standard. The hearing officer shall review an appeal from the assessment of civil penalties or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of civil penalties or other enforcement decision, the hearing officer shall have the discretion to dismiss or reduce civil penalties or reverse any other enforcement decision where warranted.
D. 
Confidentiality. In the interest of public safety, all information contained in and gathered through the alarm registration applications, no response records, applications for appeals and any other alarm records shall be held in confidence by all employees and/or representatives of the city.
(Ord. 82-15 N.S. § 1, 1982; Ord. 17-10 § 9)
Nothing in this chapter shall create or be construed to create a duty upon the police department or the city to respond to any alarm whether or not the alarm was false. An alarm, like any other request for service from the police department, may be responded to within the resources of the police department at the time of the alarm.
(Ord. 94-2 N.S. § 3, 1994)