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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)
(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)
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)
(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)
(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)
An alarm user whose alarm registration has been denied or revoked by the city, may appeal that decision.
(a) Letter of Appeal. Such alarm user must file a letter of appeal with the police or fire department alarm administrator within fifteen days of the mailing of the letter of notification of denial or revocation. While the appeal is pending, the alarm user’s registration shall not be revoked, but an appeal shall not affect the denial of an alarm registration.
(b) Setting of Hearing. If the alarm user files a timely letter of appeal, an administrative hearing officer shall set a time and place for a hearing on the appeal. The date set for hearing shall be no more than sixty days after the city’s 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.
(c) Hearing. At the time and place set for the hearing upon the appeal, the administrative hearing officer shall hear evidence from the appellant and/or any other interested party. The burden of proof shall be upon the appellant to show that there was no substantial evidence to support disconnection the denial or revocation of the alarm registration.
(d) Decision. Within ten calendar 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 of an alarm registration revocation is denied, the notification shall inform the alarm user of the exact date that revocation of the alarm registration shall commence which shall in no event be sooner than five days after notice of the decision has been mailed.
(Ord. 5441 § 1 (part), 2018: Ord. 4726 § 2 (part), 2002)
(a) The amount of any service charge imposed by authority of this chapter shall be deemed a debt owing to the city. Proceedings may be instituted by the city in a court of competent jurisdiction to secure a judgment for the amount due.
(b) It is unlawful for any person, or business entity to install, operate or maintain an alarm system contrary to or in violation of any of the provisions of this chapter. Any person or business entity violating any of the mandatory requirements of this chapter is guilty of a misdemeanor punishable as provided in Section 1.08.010 of this code, and may additionally be subject to administrative penalties as provided in Chapters 1.12 and 1.16 of this code.
(Ord. 5441 § 1 (part), 2018: Ord. 4726 § 2 (part), 2002)