(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM COMPANY. Any business operated for any consideration whatsoever engaged in the installation, alteration or servicing of an alarm system.
ALARM SYSTEM. An assembly of equipment arranged to signal the presence of a possible hazard requiring urgent attention with the information being relayed to the city public safety dispatch.
ANSWERING SERVICE. Any company receiving an active alarm and forwarding that data to the city public safety dispatch.
EMERGENCY. Commission of a robbery, burglary or other crime against the alarm user or a fire in an alarmed location.
EMERGENCY RESPONSE. The moment Police Department or Fire Department personnel are dispatched to a location in response to an alarm or an officer on patrol discovers an audible alarm not yet reported.
FALSE ALARMS. The activation of an alarm system which results in a response by the Public Safety Department where there is no physical evidence that the alarm was activated as a result of an emergency. The following categories shall not be false alarms: alarms which occur within seven days of installation or alarms activated by extraordinary meteorological or atmospheric conditions.
OUTSIDE ALARMS. Any outside audible alarm.
SUBSCRIBER. A person, business or public entity contracting with an alarm company or owning an alarm system.
(B) It is unlawful for any alarm company to engage in business within the city without first providing the Police Department with a valid registration certificate issued by the state, Bureau of Consumer Affairs. Those companies in business at the time the ordinance codified in this section takes effect shall have 30 days thereafter to provide the certificate.
(C) (1) Each alarm company, within seven days of activating an alarm system, shall clearly instruct the subscriber in the proper use and operation of the alarm system, especially those factors likely to produce false alarms. This training shall be documented by signature of the subscriber.
(2) The alarm company shall also provide a copy of the ordinance codified in this section and the resolution authorized by this section to the subscriber.
(D) Any outside burglar alarm installed after the ordinance codified in this section takes effect shall have an automatic shut-off or reset feature which deactivates the alarm within ten minutes after it is first activated.
(E) (1) Each alarm company and/or answering service shall provide the public safety dispatch on notification of an activated alarm the following information:
(a) Alarm company name;
(b) Operator name or number;
(c) An “800” call-back number;
(d) Name where alarm activated;
(e) Address where alarm activated; and
(f) Name of person responsible to respond and their estimated time of arrival.
(2) If this information is not provided by the time the assigned units arrive at the location of the alarm, the assigned units will only check the ground level exterior, and if it appears secure, the unit will clear the call.
(F) (1) Emergency responses to false alarms shall be counted during a 180 consecutive calendar day period, beginning 15 days after the ordinance codified in this section takes effect. The emergency response is deemed complete upon dispatch for false alarm purposes of this section.
(2) Emergency response for the first and second false alarm, there shall be no charge.
(3) Emergency response for the third, and each additional false alarm, the fee shall be as set by resolution of the City Council.
(4) When a service fee is levied against a subscriber, it shall be paid within 15 days of receipt. If the fee is not paid in the prescribed time, the alarm company will be notified not to transfer any data from that subscriber to the public safety dispatch until the alarm company is authorized by the Police Department to again do so.
(G) Any person violating any provisions of this section shall be deemed guilty of an infraction as set forth under § 1.23.
(H) (1) The provisions of this section are not intended, nor shall they be construed, to create a special relationship between the city and any alarm company and/or subscriber so as to create a duty on the part of the Police Department to respond to any alarm. The city shall not be civilly liable for any delays in dispatching the alarm or responding to an alarm nor failure to respond to any alarm.
(2) Neither shall this section be construed as a waiver of any immunity provided governmental agencies for tort liability contained in the California Government Code.
(`61 Code, § 12.28) (Ord. 817, passed 10-17-1989; Am. Ord. 934, passed 6-18-2002)