City of Santa Clara Alarm Ordinance and False Alarm Fees

City of Santa Clara Alarm Ordinance and False Alarm Fees
Santa Clara City Code
City of Santa Clara, California
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Chapter 8.40
FALSE ALARM REGULATION
Sections:
8.40.010 Purpose and scope.
8.40.020 Definitions.
8.40.030 Alarm permit required.
8.40.040 Permit application.
8.40.050 Permit application fees.
8.40.060 Repealed.
8.40.070 Application review and permit issuance.
8.40.080 Transferability.
8.40.090 Confidentiality.
8.40.100 Alarm systems in apartment complexes – Contracted for by individual tenant.
8.40.110 Alarm systems in apartment complexes – Furnished by the apartment complex as an amenity.
8.40.120 Proper alarm systems operation and maintenance.
8.40.130 Monitoring procedures.
8.40.140 Duties of alarm company.
8.40.150 Alarm system operating instructions.
8.40.160 Alarm dispatch request records.
8.40.170 System performance reviews.
8.40.180 False alarms fees and fines.
8.40.190 Appeal from fees or fines.
8.40.200 Denial, suspension, revocation of alarm permit.
8.40.210 Appeal from denial, suspension or revocation of an alarm permit.
8.40.220 Reinstatement of alarm permit.
8.40.230 No response.
8.40.240 Emergency no response.
8.40.010 Purpose and scope.
(a) The purpose of this chapter is to encourage alarm users and alarm companies to maintain the
operational reliability and proper use of alarm systems and to reduce or eliminate false alarm dispatch
requests.
(b) This chapter governs systems intended to summon police response, requires alarm permits, establishes
fees, provides for penalties for violations, establishes a system of administration, and sets conditions for
suspension, denial or revocation of alarm permits.
(c) Motor vehicles and recreational vehicles are not subject to this false alarm chapter. (Ord. 1735 § 3, 6-199; Ord. 1836 § 1, 5-6-08).
8.40.020 Definitions.
The words and terms used in this chapter shall have the following meanings unless the context clearly
indicates otherwise:
(a) "A" definitions:
(1) "Alarm administrator" means a person or persons designated by the Chief of Police to administer,
control and review alarm applications, alarm permits and alarm dispatch requests.
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(2) "Alarm company" means the business, by an individual, partnership, corporation or other entity of
selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an
alarm system in an alarm site.
(3) "Alarm dispatch request" means a notification to the police by the alarm company that an alarm,
either manual or automatic, has been activated at a particular alarm site.
(4) "Alarm site" means a single premises or location served by an alarm system or systems. Each
tenancy, if served by a separate alarm system in a multi-tenant building or complex, shall be considered
a separate alarm site.
(5) "Alarm system" means a device or series of devices, including, but not limited to, systems
interconnected with radio frequency signals, which are designed to discourage crime, by emitting or
transmitting a remote or local, audible, visual or electronic signal indicating an alarm condition. Alarm
system does not include:
(A) An alarm installed on a vehicle unless the vehicle is permanently located at a site; or
(B) An alarm designed to alert only the inhabitants of a premises that does not have a sounding
device which can be heard on the exterior of the alarm site and is not connected to or monitored by
an alarm company.
(6) "Alarm user" means any person, firm partnership, corporation or other entity that uses an alarm
system at its alarm site.
(b) Reserved for future use.
(c) "C" definitions:
(1) "Chief of Police" means the elected Chief of Police of the City or an authorized representative of the
Chief of Police.
(2) "City" means the City of Santa Clara, California.
(3) "Conversion" means the transaction or process by which one alarm company begins monitoring of
an alarm system previously monitored by another alarm business.
(4) "Corrective action" means an appropriate act or acts taken by the alarm user or alarm company that
substantially reduces the likelihood of false alarms.
(d) "D" definitions:
(1) "Duress alarm" means a silent alarm signal generated by the manual activation of a device intended
to signal a crisis situation requiring police response.
(e) Reserved for future use.
(f) "F" definitions:
(1) "False alarm dispatch" means an alarm dispatch request to the Police Department, when the
responding officer finds no evidence of a criminal offense or attempted criminal offense after having
completed an investigation of the alarm site. An alarm dispatch request which is canceled by the alarm
company or the alarm user prior to the time the responding officer reaches the alarm site shall not be
considered a false alarm dispatch.
(2) "False alarm hearing officer" means the City Attorney or designee.
(3) "False alarm user awareness class" means a class operated by the alarm companies for the
purpose of educating alarm users about the problems created by false alarm dispatches and in the
responsible use of their alarm system.
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(g) Reserved for future use.
(h) "H" definitions:
(1) "Holdup alarm" means a silent alarm signal generated by the manual activation of a device intended
to signal a robbery in progress.
(i) Reserved for future use.
(j) Reserved for future use.
(k) "K" definitions:
(1) "Keypad" means a device that allows control of an alarm system by the manual entering of a coded
sequence of numbers or letters.
(l) Reserved for future use.
(m) "M" definitions:
(1) "Master alarm permit" means the type of permit required by the owner or property manager of an
apartment complex, when individual unit alarm systems are provided as an amenity.
(2) "Monitoring" means the process by which an alarm company receives signals from alarm systems
and relays an alarm dispatch request to the City for the purpose of summoning police response to the
alarm site.
(n) "N" definitions:
(1) "No response" means an affirmative action taken by the Chief of Police, after written notice, by
certified mail, return receipt requested, to the alarm user that the police will not respond to any further
alarms at the alarm site until proof of appropriate corrective action has been taken to substantially
reduce the likelihood of additional false alarms dispatches.
(o) "O" definitions:
(1) "One plus duress alarm" means the manual activation of a silent alarm signal by entering on a
keypad, a code that adds a one-number digit increase to the last digit of the normal arm/disarm code
(example: normal code = 1234; one plus duress code = 1235).
(p) "P" definitions:
(1) "Permit" means authorization for an alarm user to operate an alarm system at their site and remains
until such time as a takeover occurs.
(2) "Person" means an individual, corporation, partnership, association, organization or similar entity.
(q) Reserved for future use.
(r) Reserved for future use.
(s) Reserved for future use.
(t) "T" definitions:
(1) "Takeover" means 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.
(u) Reserved for future use.
(v) "V" definitions:
(1) "Verify" means an attempt, by the alarm business, or its representative, to contact the alarm site by
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telephonic or other electronic means, whether or not actual contact with a person is made, before
requesting a police dispatch, in an attempt to avoid an unnecessary alarm dispatch request.
(w) Reserved for future use.
(x) Reserved for future use.
(y) Reserved for future use.
(z) Reserved for future use. (Ord. 1735 § 3, 6-1-99).
8.40.030 Alarm permit required.
(a) No alarm user shall operate, or cause to be operated, an alarm system at its alarm site without a valid
alarm permit issued by the alarm administrator. A separate alarm permit is required for each alarm site.
(b) A special classification shall be required for an alarm system equipped for a duress alarm.
(c) The alarm company shall instruct the alarm user to submit an alarm permit application to the alarm
administrator for any alarm system installed after the adoption of the ordinance codified in this chapter.
(d) For those alarms installed prior to the enactment of this chapter, the alarm administrator will notify the
alarm user regarding the permit application requirement. (Ord. 1735 § 3, 6-1-99).
8.40.040 Permit application.
Each application for an alarm permit shall include all of the following information:
(a) The name, address, and telephone numbers of the alarm user who will be the alarm permit holder and
be responsible for the proper maintenance and operation of the alarm system and payment of fees or fines
assessed under this chapter;
(b) The classification of the alarm site as either residential, commercial or apartment;
(c) The purpose of the alarm system (i.e., burglary, holdup, duress, etc.) for each alarm system located at
the alarm site;
(d) A signed certification from the alarm user and alarm company stating:
(1) The date of installation, conversion or takeover of the alarm system, whichever is applicable;
(2) The name, address, and telephone number of the alarm company performing the alarm system
installation, conversion or alarm system takeover and/or business responsible for providing repair
service to the alarm system;
(3) The name, address, and telephone number of the alarm company monitoring the alarm system if
different from the installing alarm company;
(4) That a set of written operating instructions for the alarm system, including written guidelines on how
to avoid false alarms has been left with the applicant;
(5) That the alarm company has trained the applicant in proper use of the alarm system, including
instructions on how to avoid false alarms;
(6) That a minimum of three alternate contact persons and current telephone numbers have been
provided; and
(7) The classification of the alarm site as being equipped or non-equipped for duress alarm. (Ord. 1735
§ 3, 6-1-99).
8.40.050 Permit application fees.
(a) The alarm permit fee for a residential or a commercial alarm site is determined by resolution of the City
Council. No refund of an alarm permit fee will be made.
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(b) No additional fee shall be assessed for an alarm system equipped for duress alarm. (Ord. 1735 § 3, 6-199).
8.40.060
Alarm permit duration and renewal.
Repealed by Ord. 1824. (Ord. 1735 § 3, 6-1-99).
8.40.070
Application review and permit issuance.
(a) Upon receipt of a completed application and payment of permit fees, the alarm administrator shall
immediately stamp the application as received and promptly investigate the information contained in the
application to determine whether the applicant shall be issued an alarm permit.
(b) Within thirty (30) days of receipt of the completed application, the alarm administrator shall complete the
investigation, grant or deny the application in accordance with the provisions of this chapter, and so notify
the applicant as follows:
(1) The alarm administrator shall write or stamp "Granted" or "Denied" on the application and date and
sign such notation.
(2) If the application is denied, the alarm administrator shall attach to the application a statement of the
reasons for denial. (Ord. 1735 § 3, 6-1-99).
8.40.080 Transferability.
An alarm permit shall not be transferred to another person. An alarm user shall inform the alarm
administrator of any change that alters any information listed on the alarm permit application within fifteen
(15) business days. (Ord. 1735 § 3, 6-1-99).
8.40.090
Confidentiality.
Confidential information contained in alarm permit application shall be held in confidence by all employees or
representatives of the City with access to such information, unless subject to disclosure pursuant to
California Government Code Section 6250 et seq. (Ord. 1735 § 3, 6-1-99).
8.40.100
Alarm systems in apartment complexes – Contracted for by individual tenant.
(a) If an alarm system installed by an individual tenant in an apartment complex unit is monitored, the tenant
must provide the name of a representative of the apartment owner or property manager who can grant
access to the apartment to the alarm company which is providing the monitoring service.
(b) A tenant of an apartment complex shall also obtain an alarm permit from the alarm administrator before
operating or causing the operation of an alarm system in the tenant's residential unit. The fee for this alarm
permit or the renewal of this alarm permit shall be the same as the fee for a residential alarm site.
(c) For purposes of enforcing this chapter against an individual residential unit, the tenant is responsible for
false alarm dispatches emitted from the alarm system in the tenant's residential unit. (Ord. 1735 § 3, 6-1-99).
8.40.110
Alarm systems in apartment complexes – Furnished by the apartment complex as an
amenity.
(a) If the owner or property manager of an apartment complex provides alarm systems in each residential
unit as an amenity, then the owner or property manager of the apartment complex shall obtain a master
alarm permit from the alarm administrator. The annual fee for this alarm permit and for each permit renewal
per residential unit per year shall be determined by resolution of the City Council. All units, whether occupied
or not, shall be included in calculating the required fee.
(b) For purposes of assessing fees or fines and enforcing this chapter, the master alarm permit holder is
responsible for payment of fees or fines for false alarm dispatches emitted from the alarm systems in
residential units.
(c) The owner or property manager of an apartment complex shall obtain a separate alarm permit for any
alarm system operated in a nonresidential area of the apartment complex, including, but not limited to,
common tenant areas and office, storage and equipment areas. An annual fee for such an alarm permit shall
be the same as the fee for a residential alarm site. (Ord. 1735 § 3, 6-1-99).
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8.40.120 Proper alarm systems operation and maintenance.
(a) An alarm user shall:
(1) Maintain the premises and the alarm system in a manner that will minimize or eliminate false alarm
dispatches;
(2) Maintain a list of three alternate contact persons and current telephone numbers with the alarm
company;
(3) Make every reasonable effort to respond or cause a representative(s) to respond to the alarm
system's location within one hour when notified by the City to deactivate a malfunctioning alarm
system, to provide access to the premises, or to provide security for the premises; and
(4) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm
system was intended to report.
(b) An alarm user shall adjust the alarm system or cause the mechanisms of the alarm system 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 or fifteen (15) minutes for systems operating under Underwriters Laboratories,
Inc. standards 365 or 609.
(c) An alarm user shall have a properly licensed alarm company inspect the alarm system after five false
alarm dispatches within a thirty (30) day period to insure the alarm meets industry standards. After five false
alarm dispatches within a thirty (30) day period, the alarm user must have a properly licensed alarm
company modify the alarm system to be more false alarm resistant or provide additional user training as
appropriate. (Ord. 1735 § 3, 6-1-99).
8.40.130 Monitoring procedures.
(a) An alarm company performing monitoring services shall:
(1) Attempt to verify every alarm signal, except a duress or hold-up alarm activation before requesting
a police response to an alarm signal;
(2) Report alarm signals to Santa Clara communications by using telephone numbers designated by the
alarm administrator;
(3) Communicate alarm dispatch requests to the City in a manner and form determined by the alarm
administrator;
(4) Communicate verified cancellations of alarm dispatch requests to the City in a manner and form
determined by the alarm administrator; and
(5) Ensure that all alarm users of alarm systems equipped with duress alarm are given adequate
training as to the proper use of the duress alarm.
(b) The alarm administrator shall:
(1) Designate a manner, form and telephone numbers for the communication of alarm dispatch
requests; and
(2) Develop a procedure to accept verified cancellation of alarm dispatch requests. (Ord. 1735 § 3, 6-199).
8.40.140 Duties of alarm company.
(a) After January 1, 2000, alarm companies shall not program alarm systems so that they are capable of
sending one plus duress alarms. Alarm companies may continue to report one plus duress alarms received
from alarm systems programmed with this feature prior to 1999.
(b) After January 1, 2001, when performing a takeover or conversion, an alarm company must remove the
one plus duress alarm capability from the alarm system being taken over or converted.
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(c) After January 1, 2000, alarm companies shall not install a device(s) for activating a hold-up alarm which
is a single action non-recessed button. (Ord. 1735 § 3, 6-1-99).
8.40.150
Alarm system operating instructions.
Alarm companies shall provide, and the alarm user shall maintain at each alarm site, a set of written
operating instructions for each alarm system. (Ord. 1735 § 3, 6-1-99).
8.40.160
Alarm dispatch request records.
(a) When responding to an alarm dispatch request, the officer and/or communications should record such
information as reasonably necessary to permit the alarm administrator to maintain records, including, but not
limited, to the following information:
(1) Identification of the alarm permit number for the alarm site;
(2) Address of the alarm site;
(3) Unit, area and/or sub-area of premises involved;
(4) Dispatch received time;
(5) Date and time of arrival at the alarm site;
(6) Weather conditions effecting the alarm system activation;
(7) Whether the alarm activation was due to a mechanical failure;
(8) Name of alarm user's representative on premises, if any;
(9) Identification of the responsible representative of the alarm company, and/or;
(10) Unable to locate the address.
(b) The responding police officer shall indicate on the dispatch record whether the dispatch was caused by a
criminal offense, an attempted criminal offense, or was a false alarm dispatch.
(c) In the case of an assumed false alarm dispatch, the responding police officer shall leave notice at the
alarm site that the Police Department has responded to a false alarm dispatch. The notice shall include the
following information:
(1) The date and time of police response to the false alarm dispatch;
(2) The identification number of the responding police officer; and
(3) A statement urging the alarm user to ensure that the alarm system is properly operated, inspected,
and serviced in order to avoid fees or fines.
(d) Alarm companies which perform monitoring services must maintain for a period of at least ninety (90)
days following request for police dispatch to an alarm site, records relating to the dispatch. Records must
include the name, address and telephone number of the alarm user, the alarm system zone(s) or point(s)
activated, the time of request for police dispatch and evidence that an attempt to verify was made to the
alarm site prior to the request for police dispatch. The alarm administrator may request copies of such
records for individually named alarm users. (Ord. 1735 § 3, 6-1-99).
8.40.170
System performance reviews.
If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures
proper operation and suppression of false alarm dispatch(s), the alarm administrator may require an alarm
system inspection by a properly licensed alarm company to insure the alarm meets industry standards. In
addition, the alarm administrator may require a conference with an alarm user and the alarm company
responsible for the repair of the alarm system to review the circumstances of each false alarm dispatch.
(Ord. 1735 § 3, 6-1-99).
8.40.180 False alarms fees and fines.
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An alarm user or the master alarm permit holder for an apartment complex shall be subject to fees as set
forth in the schedule of fees established by resolution of the City Council. (Ord. 1735 § 3, 6-1-99; Ord. 1836
§ 2, 5-6-08).
8.40.190 Appeal from fees or fines.
(a) An alarm user may appeal assessment of a fee or fine to the City Attorney's office by filing a written
request for hearing setting forth the reasons for the appeal within fifteen (15) days after receipt of the fine.
The filing of a request for an appeal hearing with the City Attorney's office stays the assessment of the fee or
fine until the false alarm hearing officer makes a final decision.
(b) The false alarm hearing officer shall conduct a hearing and consider the evidence by any interested
person(s). The false alarm hearing officer shall make a decision on the basis of the preponderance of
evidence presented at the hearing including, but not limited to, evidence that a false alarm dispatch was
caused by a defective part that has been repaired or replaced within a reasonable time, or that an alarm
dispatch request was caused by a criminal offense. The false alarm hearing officer must render a decision
within ten days after the appeal hearing is held. The false alarm hearing officer shall affirm, reverse or
modify the assessment of the fee or fine. The decision of the false alarm hearing officer is final as to
administrative remedies with the City. (Ord. 1735 § 3, 6-1-99).
8.40.200 Denial, suspension, revocation of alarm permit.
(a) In addition to the fees pursuant to SCCC 8.40.180(a), fines pursuant to SCCC 8.40.180(e), and
suspension pursuant to SCCC 8.40.180(d); the alarm administrator may deny renewal, suspend or revoke an
alarm permit if it is determined that any of the following have occurred:
(1) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in
the application for an alarm permit;
(2) The alarm permit holder has failed to make payment within ninety (90) days of a fee or fine
assessed under SCCC 8.40.180;
(3) There have been eight false alarm dispatches within a thirty (30) day period;
(4) An alarm permit for the alarm site was suspended or revoked, and the violation causing the
suspension or revocation has not been corrected; or
(5) Failure to comply with any provision of this chapter.
(b) A person commits a violation of this chapter if he/she operates an alarm system during the period in
which their alarm permit is suspended or revoked.
(c) If the alarm permit is reinstated pursuant to SCCC 8.40.220, the alarm administrator then may suspend
or revoke the alarm permit if it is determined that eight subsequent false alarm dispatches occur within sixty
(60) days after the reinstatement date. (Ord. 1735 § 3, 6-1-99; Ord. 1836 § 3, 5-6-08).
8.40.210 Appeal from denial, suspension or revocation of an alarm permit.
(a) Upon denial, suspension or revocation of an alarm permit, the alarm administrator shall send written
notice of the action taken and a statement of the right to an appeal, by certified mail, return receipt
requested, to both the applicant or alarm user and the alarm company.
(b) The applicant or alarm user may appeal the decision of the alarm administrator to the Chief of Police by
filing a written request for a review setting forth the reasons for the appeal within twenty (20) days after
receipt of the notice from the alarm administrator. If a request for appeal is not made within the twenty (20)
day period, the action of the alarm administrator is final.
(c) Filing of a request for appeal shall stay the action by the alarm administrator suspending or revoking an
alarm permit until the Chief of Police has completed his/her review.
(d) The Chief of Police shall conduct a hearing and consider the evidence by any interested person(s). The
Chief of Police shall make a decision on the basis of a preponderance of the evidence presented at the
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hearing.
(e) The Chief of Police must render a written decision within ten days of the appeal hearing. The Chief of
Police shall affirm, reverse, or modify the action of the alarm administrator. The decision of the Chief of
Police is final as to administrative remedies with the City.
(f) Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial
review of that decision as provided by law. (Ord. 1735 § 3, 6-1-99).
8.40.220 Reinstatement of alarm permit.
(a) A person whose alarm permit has been revoked may be issued a new alarm permit if the person:
(1) Submits an updated application and pays a permit fee as established by resolution of the City
Council; and
(2) Pays, or otherwise resolves, all fees and fines; and
(3) Submits a certification from an alarm company, that complies with the requirements of this chapter,
stating that the alarm system has been inspected and repaired (if necessary) by the alarm company.
(b) A person whose alarm permit has been suspended pursuant to this chapter may have their alarm permit
reinstated upon receipt of acceptable evidence that the cause(s) of the false alarm dispatch(s) has been
addressed and appropriate corrective action has been taken. (Ord. 1735 § 3, 6-1-99).
8.40.230 No response.
(a) The Chief of Police is authorized to implement such procedures and practices as may be reasonably
necessary to reduce false alarm dispatches in the city. This may include implementation of a no response
action on the part of the Police Department to alarms at alarm site(s), which have eight instances of false
alarms dispatches within a thirty (30) day period.
(b) A no response may be implemented by the Chief of Police after written notice, by certified mail, return
receipt requested, to the alarm user and alarm company of the repeated instances of false alarms at the
alarm site and no appropriate corrective action has been taken.
(c) A no response action shall not restrict, or in any manner limit, the alarm user from requesting police
response to a 911 emergency incident. (Ord. 1735 § 3, 6-1-99).
8.40.240 Emergency no response.
(a) The Chief of Police may issue an order suspending police response or impose an emergency no
response to the alarm site for a temporary time period not to exceed forty-eight (48) hours, if the Chief of
Police determines that either:
(1) There have been an unreasonable number of false alarm dispatches at the alarm site for a twentyfour (24) hour period and there is no responsible party available; or
(2) There are continuous (more than four hours) false alarm dispatches occurring at the alarm site with
no available means to disengage the alarm system.
(b) The Chief of Police shall ensure that a reasonable effort has been made to notify the responsible alarm
company of an emergency no response action.
(c) An emergency no response action shall not restrict, or in any manner limit, the alarm user from
requesting police response to a 911 emergency incident. (Ord. 1735 § 3, 6-1-99).
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