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PALO ALTO MUNICIPAL CODE
CHARTER OF THE CITY OF PALO ALTO
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATIVE CODE*
Title 3 RESERVED
Title 4 BUSINESS LICENSES AND REGULATIONS*
Title 5 HEALTH AND SANITATION*
Title 6 ANIMALS
Title 7 RESERVED
Title 8 TREES AND VEGETATION
Title 9 PUBLIC PEACE, MORALS AND SAFETY*
Title 10 VEHICLES AND TRAFFIC*
Title 11 ENVIRONMENTAL IMPACT PROCEDURE
Title 12 PUBLIC WORKS AND UTILITIES
Title 13 IMPROVEMENT PROCEDURE*
Title 14 RESERVED
Title 15 FIRE PREVENTION*
Title 16 BUILDING REGULATIONS*
Title 17 HAZARDOUS MATERIALS STORAGE*
Title 18 ZONING*
Title 19 MASTER PLAN*
Title 20 PRECISE PLANS*
Title 21 SUBDIVISIONS AND OTHER DIVISIONS OF LAND*
Title 22 PARKS*
ORDINANCE LIST AND DISPOSITION TABLE
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4.39.020   Definitions.
   For the purposes of this chapter, certain terms used herein are defined as follows:
   (a)   “Alarm administrator” means a person or persons designated by the city (police chief and fire chief) to administer the provisions of this chapter.
   (b)   “Alarm business” means any person operating for any consideration who is engaged in the installation, maintenance, alteration or servicing of alarm systems or who responds to such alarm systems.
   (c)   “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.
   (d)   “Alarm system” means an assembly of equipment and devices arranged to signal the presence of any condition upon premises within the city of Palo Alto to which the police and fire department normally responds. The term “alarm system” shall include equipment which is designed to detect an emergency, or which is designed to be activated by a person to report an emergency. Alarm systems include, but are not limited to, local alarm systems, direct connection systems, central station alarm systems and automatic telephone dialing systems. Alarm systems shall not include audible alarms affixed to automobiles.
   (e)   “Alarm user” means any person who owns, leases, is the agent of the owner or lessee of, or otherwise is in possession or control of a premises on which an alarm system has been installed and operates.
   (f)   “Audible alarm system” means an alarm system which is capable of being heard outdoors when it is activated.
   (g)   “Automatic telephone dialing alarm system” means an alarm system which utilizes a device which automatically transmits a pre-recorded message over telephone lines to a number in the city’s communications center.
   (h)   “Central station alarm system” means an alarm system which transmits the alarm signal to a facility where operators monitor the system and retransmit the signal to the city’s communications center.
   (i)   “Direct connection alarm system” means an alarm system which transmits an alarm signal directly to the city’s communications center.
   (j)   “False alarm” means an alarm signal resulting in a response by the police or fire departments when an emergency does not exist. An alarm shall be presumed false if the responding police or fire personnel do not locate any evidence of an intrusion, the commission of an unlawful act, a fire, or other emergency on the premises which might have caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, or other “violent” acts of nature, shall not be deemed false alarms.
   (k)   “Local alarm system” means an alarm system which is operated by the user who is normally responsible for its operation. The alarm signal is annunciated only on the premises, does not emit an audible signal, and is not monitored by a third party monitoring provider.
   (l)   “Person” means and includes an individual, partnership, unincorporated association or corporation.
   (m)   “Premises” means any land and building located within the city except land or buildings owned or leased by the federal government, State of California or any political subdivision of the state, or by any municipal corporation or special district.
(Ord. 5441 § 1 (part), 2018: Ord. 4726 § 2 (part), 2002)
4.39.025   Requirements for all alarm systems.
   (a)   Before requesting a police or fire response, an alarm system monitoring company shall attempt 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. A second call shall be made to an alternate number provided by the alarm user if the first attempt fails. EXCEPTION: 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)   Equipment and installation methods shall comply with all appropriate nationally recognized testing laboratories and American National Standards Institute (ANSI) requirements.
   (c)   It shall be unlawful for automatic telephone dialing devices to dial any phone number used by the City of Palo Alto.
(Ord. 5441 § 1 (part), 2018)
4.39.030   Limitations on audible alarm systems.
   (a)   It is unlawful to install, sell or use an alarm system which, upon activation, emits a sound similar to a siren in use on public emergency vehicles or for public emergency vehicles or for public disaster warning purposes. For the purposes of this section, any variable pitch siren as opposed to steady pitch, shall be considered to emit a sound similar to the sound emitted by a public emergency vehicle. This section does not apply to sirens mounted inside a building which cannot be heard outside the building.
   (b)   It is unlawful to operate an audible alarm system which does not shut off within a maximum time of ten minutes from the time of activation.
(Ord. 4726 § 2 (part), 2002)
4.39.040   Reserved.
4.39.050   Back-up power supply.
   Any alarm system shall be supplied with an uninterrupted power supply in such a manner that the failure or interruption of the normal electric utility service will not activate the alarm system. The power supply must be capable of at least four hours of operation.
(Ord. 4726 § 2 (part), 2002)
4.39.060   Registration of alarm.
   (a)   It shall be unlawful to operate, or cause to be operated, an alarm system on any premises in the City of Palo Alto without an alarm registration. An alarm user shall register with the police department or fire department alarm administrator, by filling out a registration form with his home address, and business and residence telephone numbers. In addition, he shall provide the police or fire department with a list of persons responsible for the premises protected by the alarm system. This list shall contain at least three names, one of which may be that of the alarm business maintaining the alarm system. The list shall be kept current by the alarm user and shall supply home and business telephone numbers of responsible persons. In addition, the registration form shall contain any information deemed necessary by the chief of police or fire chief to carry out the purposes of this chapter. A fee adopted in the municipal fee schedule shall be charged for registration. Any information contained in this form shall be confidential and shall not constitute a public record. An alarm registration shall be valid for a period of one year from the date of issuance unless sooner revoked.
   (b)   Upon request by the police or fire department alarm administrator, the alarm user, or a responsible party, shall proceed to the scene of the alarm within thirty minutes and render any necessary service. Such service shall include, but not be limited to, opening the premises so that said premises may be searched by responding police officers or fire crews.
(Ord. 5441 § 1 (part), 2018: Ord. 4726 § 2 (part), 2002)
4.39.070   Alarm tests.
   An alarm user, or alarm business, shall notify the public safety communication center prior to any service, test, repair, maintenance, adjustment, or installation of an alarm system which would normally result in a police or fire response. Any alarm activated, where such prior notice has been given, shall not constitute a false alarm.
(Ord. 5441 § 1 (part), 2018: Ord. 4726 § 2 (part), 2002)
4.39.080   False alarm service charges.
   (a)   There is imposed upon every alarm user whose alarm system causes three or more false alarms within twelve months a false alarm service charge. A separate charge shall be imposed for each false alarm in excess of two as set forth in the municipal fee schedule. When the alarm business or alarm user notifies the public safety communication center that there is not an existing situation at the alarm site requiring emergency services response, within three minutes of dispatch and prior to emergency personnel arriving at the scene, no fee will be assessed.
   (b)   Service charges shall be due and payable and are delinquent after thirty days of the mailing of a bill from the city. Interest for delinquency in remittance of any service charge or any deficiency in remittance shall attach at the rate of ten percent each month on the delinquent or deficient charge, but such interest shall not be compounded.
   (c)   Debt to City. All fees and charges levied pursuant to this chapter shall constitute a valid and subsisting debt in favor of the city and against the alarm user for whom services were rendered. If the amount remains unpaid, a civil action may be filed with the appropriate court for the amount due together with any interest or penalties, any related charges and fees accrued due to nonpayment, and all fees and charges required to file and pursue such civil action.
   (d)   An alarm user may appeal any alarm service charge under this section by submitting a letter of appeal to the police or fire department alarm administrator explaining the basis for the appeal within fifteen days of the mailing of the bill for that service charge. While the appeal is pending, the bill shall not be due and payable. An administrative hearing officer shall set a time and place for a hearing on the appeal within fifteen days after receipt of the letter of appeal. Failure to file a timely letter of appeal shall be a waiver of the alarm user’s right to a hearing; however, the administrative hearing officer may set a date for a hearing if there is cause to believe that it might encourage substantial cooperation from the alarm user. At the time and place set for the hearing upon the appeal, the administrative hearing officer shall hear evidence as to whether the alarm service charge should be imposed in whole or in part. The burden of proof shall be upon the appellant to show that there was no substantial evidence that the alarm service charge was properly imposed as provided in this chapter. Within ten days after the conclusion of the hearing, the administrative hearing officer shall render a decision on the appeal. The decision shall be final. Notification of the decision shall be mailed to the appellant within three days of the decision. If the appeal is denied, the notification shall inform the alarm user of the exact date that the alarm service charge shall become due and payable, which date shall in no event be sooner than five days after notice of the decision has been mailed.
   (e)   In addition to any service charges or fees imposed by authority of this chapter, an alarm user may also be subject to penalties for violating any of the mandatory requirements of the chapter or Chapter 15.04, as provided in Chapters 1.12 and 1.16 of this code.
(Ord. 5441 § 1 (part), 2018: Ord. 5402 § 2, 2016; Ord. 4726 § 2 (part), 2002)
4.39.090   Suspension of response; reinstatement.
   (a)   The city may discontinue response of emergency services personnel if the city determines that:
   (1)   There is any violation of this chapter;
   (2)   There is a false statement of material matter in the application for permit;
   (3)   An alarm system has generated seven or more false alarms during any twelve month period;
   (4)   The permit holder has failed to make payment of any service fee, permit fee, late fee or suspension fee assessed under this article within ninety days of the assessment.
   (b)   The city may resume emergency services response upon the alarm holder submitting satisfactory proof of all of the following, at the discretion of the police or fire department alarm administrator:
   (1)   Proof the alarm system has been inspected and the measures taken to ensure the alarm system is in good working order. Measures taken may require the alarm user repair, upgrade or modify the alarm system to be compliant with this chapter.
   (2)   Proof the alarm user has been retrained on the use of the alarm system and procedures for contacting the alarm business in the case of false activation.
   (3)   The alarm user successfully completes an on-line alarm awareness class and test.
   (4)   All fees and fines are paid in full including the reinstatement fee of fifty dollars ($50.00).
(Ord. 5441 § 1 (part), 2018: Ord. 5402 § 3, 2016; Ord. 4726 § 2 (part), 2002)
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