Chapter 8.04 ALARM SYSTEMS
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8.04.010 Statement of purpose.
8.04.020 Definitions.
8.04.030 Registration of alarm company businesses and self-employed alarm agents.
8.04.040 Notification of change.
8.04.042 Requirement of alarm company to provide registration materials.
8.04.050 Registration of alarm systems.
8.04.060 Correction of information.
8.04.070 Alarm system standards.
8.04.080 Alarm system regulations.
8.04.090 Use of defective devices.
8.04.100 Deactivation of defective devices.
8.04.110 Duties of alarm users.
8.04.120 Deliberate false alarms.
8.04.130 False alarms.
8.04.140 Suspension and revocation of permits.
8.04.150 Appeals.
8.04.160 Confidentiality.
8.04.170 Criminal penalties.
8.04.010 Statement of purpose.
The city finds and determines that the regulation of alarm systems and the control of false alarms is necessary to promote the health, welfare and safety of the people in that some of the public are using alarm systems which either mechanically malfunction or are not operated properly by their users, causing an increase in false alarm reports, thereby constituting a hazard to the safety of peace officers and the public in general. (Prior code § 4-11.01)
8.04.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“Alarm agent” means any person who is self-employed or employed either directly or indirectly by an alarm business, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises.
“Alarm business” means any person, firm or corporation conducting or engaging in the business of selling, leasing, manufacturing, serving, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises.
“Alarm system” means any device designed for the detection of an unauthorized entry on any premises or for alerting others of the commission of an unlawful act or both, and, when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists and to which police are expected to respond. “Alarm system” shall not include an audible alarm installed in a motor vehicle or a proprietor alarm, or a fire alarm.
“Alarm user” means any person using an alarm system at his place of business or residence.
“Audible alarm” means a device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act, or both, and which, when activated, generates an audible sound on the premises.
“Defective device” means:
- Any alarm system which signals a false alarm; or
- Any alarm system which is not registered with the Department pursuant to Section 8.04.030, or both.
“Department” means the Hanford police department.
“Direct dial telephone device” means any device which is interconnected to a voice grade telephone line and is programmed to select a predetermined telephone number and transmit by prerecorded voice, message or code signal an emergency message indicating a need for an emergency response.
“False alarm” means the activation of an alarm system resulting in an investigation by the department where no emergency exists. “False alarm” shall include, but not be limited to, the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of an alarm user. An alarm signal activated by violent conditions of nature, or by fire, shall not be included within this definition.
“Person” means a natural person or any firm, partnership, association, corporation or cooperative association.
“Proprietor alarm” means an alarm which is designated to signal persons within the premises in which the alarm is located or an alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises. If, however, such an alarm includes any device whereby a signal shall be transmitted to persons outside the premises, such system shall fall within the definition of alarm system. (Prior code § 4-11.02)
8.04.030 Registration of alarm company businesses and self-employed alarm agents.
Prior to conducting any alarm business in the city, every alarm company business or self-employed alarm agent, shall register its name and other information as required by the department and provide a copy of its current state license to the department. Any alarm company business or self-employed alarm agent that fails to register and provide its current state license to the department as required by this section shall be fined $100 per day and shall cease all business operations within the city until such time as the alarm company business or self-employed alarm agent has fully complied with all of the provisions of this section. (Prior code § 4-11.03) (03-04, Amended, 09/02/2003)
8.04.040 Notification of change.
Any alarm business or alarm agent registered with the department shall report within five working days to the police chief any change of address, ownership, name of business or location of business. (Prior code § 4-11.04)
8.04.042 Requirement of alarm company to provide registration materials.
At the time of installation of any alarm system, the alarm company business or self-employed alarm agent shall provide to the purchaser/lessee of the new alarm system the current alarm system registration materials made available by the department. (03-04, Added, 09/02/2003)
8.04.050 Registration of alarm systems.
A alarm system shall not be activated or used in the city of Hanford until it is registered in accordance with the provisions of this section and a registration number and permit is issued by the department.
A. All alarm users shall register their alarm systems with the department at least thirty (30) days prior to activation. Said registration shall be on a form prepared by the department, which form shall contain the following:
- The name, residence, mailing and business address and telephone numbers of the alarm user and its representative, if any;
- The address of the building or property in or upon which the alarm system has been installed;
- The type of alarm system installed;
- The name, address and telephone number of the alarm monitoring company;
- The name, address and telephone number of at least two (2) persons, other than the alarm user, or a person living on the premises, authorized to deactivate the alarm system; and
- The location of the alarm system on the property and in the building in which it is installed and the location of the alarm system deactivator.
B. The registration form shall contain a copy of this chapter, and each alarm user, upon registration, shall receive a duplicate copy of the registration form.
Upon receipt of a completed registration form by the department, the department shall issue to the alarm user a registration number and alarm permit for the alarm system identified in the registration form. Within thirty (30) days of the receipt of the registration number, the alarm user shall display the registration number assigned by the department at the front entrance of the property or the building in which the alarm system is installed and the registration number shall be visible at all times.
Failure to display an alarm registration number as required by this chapter shall result in a suspension or revocation of permit as prescribed in Section 8.04.130.
C. Within thirty (30) days of the date that this section becomes effective, the department shall issue to each existing alarm system user a registration number and alarm permit for its existing alarm system. On or before March 1, 1998, an existing alarm user must display the registration number as required by this section.
D. Any alarm system user who fails to register an alarm system as required by this section shall pay a fine equal to fifty dollars ($50.00) per day for each day the alarm system remains unregistered. The department may waive the fine provided for in this section if the alarm user registers the alarm system within ten (10) days of the date of notice from the department identifying the alarm system user’s failure to register its alarm system with the department. (Prior code § 4-11.03) (03-04, Amended, 09/02/2003; 97-13, Amended, 12/22/1997)
8.04.060 Correction of information.
Whenever any change occurs relating to the written information as may be required in Section 8.04.050 of this chapter, the alarm user or his designate shall give written notice of such change to the police chief within five working days. (Prior code § 4-11.06)
8.04.070 Alarm system standards.
All alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may be established by resolution of the council. The city reserves the right to inspect all alarm systems subject to all applicable laws, including Sections 1822.50 et seq. of the Code of Civil Procedure of the State. (Prior code § 4-11.07)
8.04.080 Alarm system regulations.
A. Automatic Deactivation. Audible residential alarms shall be equipped with an automatic shutoff mechanism capable of terminating the audible annunciator after activation within a maximum of fifteen (15) minutes. Audible commercial alarm systems shall be equipped with an automatic shutoff mechanism capable of terminating the audible annunciator after activation within a maximum of thirty (30) minutes. Those audible alarms installed prior to December 15, 1983, not capable of turning off the annunciator, shall have until December 15, 1984, to comply.
B. Maintenance Notification. The alarm user shall contact the communications supervisor of the department prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm.
C. Power Supply. Alarm systems shall be equipped with an uninterruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply shall be capable of at least four hours of operation.
D. Repairs. When any false alarm caused by a malfunction of an alarm system has occurred, the alarm user shall cause the alarm system to be repaired to eliminate the malfunction. The alarm system annunciator shall be disconnected while repairs are made.
E. Direct Dial Telephone Devices. On or after December 15, 1983, no person shall install any alarm system which directly dials any telephone number of the department, except as hereafter may be designated by the police chief. Any existing alarm system of such type shall have until March 14, 1984, to comply by reprogramming to another source. (Prior code § 4-11.08)
8.04.090 Use of defective devices.
No person in any way shall activate, use, sell, rent or lease a defective device. (Prior code § 4-11.09)
8.04.100 Deactivation of defective devices.
If a defective device is activated, the alarm user or his authorized agent shall deactivate the alarm. This section shall not apply to a registered alarm system represented to have an automatic shutdown feature. (Prior code § 4-11.10)
8.04.110 Duties of alarm users.
It shall be the responsibility of alarm users to instruct employees or others who may have occasion to activate an alarm that alarm systems shall be activated only in emergency situations to summon an immediate police response. Alarm users shall also instruct appropriate employees as to the operation of the alarm system, including the setting, activating and resetting of the alarm. All instructions pertaining to alarm systems and procedures shall be in written form, suitable for distribution to employees, and shall be available for inspection by representatives of the department. The user shall be responsible for maintaining the alarm system in proper working order. (Prior code § 4-11.11)
8.04.120 Deliberate false alarms.
It is unlawful for any person to deliberately and without just cause activate an alarm system to summon the department in a nonemergency situation. Nothing contained in this section shall apply to the periodic testing of direct transmittal alarms when sufficient notice is given to the communications supervisor of the department. (Prior code § 4-11.12)
8.04.130 False alarms.
Any person having an alarm system which results in a police response to an alarm which proves to be a false alarm, shall pay a false alarm fee to the city as follows:
A. The first three (3) false alarms in any calendar year shall not incur a false alarm fee penalty amount.
B. For the fourth false alarm in any calendar year, the alarm user shall pay a false alarm fee in the amount of fifty dollars ($50.00).
C. For the fifth false alarm in any calendar year, the alarm user shall pay a false alarm fee of seventy-five dollars ($75.00).
D. For the sixth and each subsequent false alarm in any calendar year, the alarm user shall pay a false alarm fee of one hundred ($100.00) for each such false alarm.
All false alarm fees shall be paid within thirty (30) days of the date of invoice. Any false alarm fee not paid within said thirty (30) day period shall incur a late payment charge of ten percent (10%) per annum on the unpaid amount of the fee, which late charge shall be paid by the alarm user at the same time as the payment of the fee. (03-04, Amended, 09/02/2003; 97-13, Amended, 12/16/1997)
8.04.140 Suspension and revocation of permits.
If at any time the department determines that an alarm user has violated any provision of this chapter or any rules or regulations promulgated pursuant to this chapter including, without limitation, failure to properly display the alarm registration number pursuant to section 8.04.140(b), or failure or refusal to pay any false alarm fee as required in section 8.04.130, or should an alarm system have more than seven false alarms (as verified by the department) in any calendar year, the department may suspend or revoke the alarm system permit and registration number issued to the alarm user. Upon determination by the department that an alarm system permit and registration number should be suspended or revoked, the department shall notify the alarm user and the alarm monitoring company, in writing, of the department’s decision to suspend or revoke the alarm system permit and registration number at least seventy-two (72) hours prior to the effective hour of such suspension or revocation. Upon the suspension or revocation becoming effective, the alarm user and the alarm monitoring company shall immediately deactivate the alarm system from its power source so that the alarm system will not operate and cannot be used or reactivated until: (1) all violations of this chapter have been eliminated to the satisfaction of the department and (2) the department has either terminated the suspension of the alarm system permit and registration number or reissued the revoked alarm system permit and registration number for that alarm system. (Prior code § 4-11.15) (97-13, Amended, 12/16/1997)
8.04.150 Appeals.
If an alarm user disagrees with the decision of the department to charge any false alarm fee or to suspend or revoke an alarm system permit and registration number, the alarm user may appeal the decision of the department to the city council in accordance with the provisions of Chapter 8 of Title 1 of the Hanford Municipal Code. (Prior code § 4-11.16) (97-13, Amended, 12/16/1997)
8.04.160 Confidentiality.
Information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection, and shall be kept so that the contents thereof shall not be known, except to persons charged with the administration of this chapter. (Prior code § 4-11.17) (97-13, Amended, 12/16/1997)
8.04.170 Criminal penalties.
Any person who violates any provision of this chapter, excluding the provisions of Section 8.04.130 of this chapter, shall be guilty of an infraction and, upon conviction thereof, shall be punished in accordance with the Penal Code of the state regarding infractions.
Such persons shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such persons. (Prior code § 4-11.18) (97-13, Amended, 12/16/1997)