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(a) It shall be unlawful to install or sell an audible alarm system which upon activation emits a sound similar to the sound emitted by sirens in use on emergency vehicles or for civil defense purposes. This does not apply to sirens mounted inside a building which cannot be heard outside the building For purposes of this Section, any variable siren, as opposed to one steady pitch, shall be considered to emit a sound similar to the sound emitted by an emergency vehicle.
(b) It shall be unlawful to operate an audible alarm system which does not shut off within a maximum time of 15 minutes from the time activation. This may be accomplished with either an automatic shutoff or by manual operation. If the alarm has an automatic shutoff with a re-arming phase, the re-arming phase must be able to distinguish between an open and closed circuit, and if the circuit is broken the system shall not re-arm.
(c) For the purposes of administering Article 29, "regulation of noise," an alarm which does not shut off within the prescribed time is deemed to be unnecessary, excessive and offensive.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002)
(Former Sec. 3704 amended by Ord. 325-84, App. 7/6/84; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)
Any alarm system installed in San Francisco after January 30, 1984, shall be supplied with an uninterruptible 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.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002)
(Former Sec. 3705 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)
No alarm user shall operate or maintain an alarm system which emits false alarms.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002)
(Former Sec. 3706 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)
(a) No alarm user shall operate or cause to be operated, an alarm system at its alarm site without a valid alarm license. A separate alarm license is required for each alarm site.
(b) There shall be a fee, to be paid by the alarm user, for an alarm license or an alarm license renewal. There shall be separate license fees for residential and commercial premises, and the fees shall be non-refundable. The initial alarm license fee must be paid to the alarm installation company at the time the alarm system is installed or to the alarm monitoring company at the time the alarm user contracts with the company for monitoring services. If the alarm user does not use an alarm installation or monitoring company, the fee must be submitted to the Tax Collector within five (5) days after the alarm system installation or alarm system takeover.
(c) Upon receipt of a completed alarm license application form and the alarm license fee, the Tax Collector shall assign a license number to the applicant unless the applicant has:
(1) Failed to pay a penalty assessed under Section 3714; or
(2) Had an alarm license for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected.
(d) Each alarm license application must include information in a form and fashion specified by the Tax Collector. The application shall be signed by the applicant under penalty of perjury.
(e) Any false statement of a material fact made by an applicant for the purpose of obtaining an alarm license shall be sufficient cause for refusal to issue a license.
(f) An alarm license cannot be transferred to another person or alarm site. An alarm user shall inform the Tax Collector of any change that alters any of the information listed on the alarm license application within five (5) business days of such change.
(g) All fees owed by an applicant must be paid before an alarm license may be issued or renewed.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003)
(Former Sec. 3707 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)
(a) An alarm license shall expire at 12:01 a.m. on January 1 of each year, and must be renewed every year by submitting a license renewal form and a license renewal fee to the Tax Collector. The alarm user shall submit the license renewal form and license renewal fee through the alarm company, if the alarm user contracts for the services of an alarm company, or directly to the Tax Collector, if the alarm user does not contract for the services of an alarm company. The Tax Collector may authorize the submission of license renewal information by an alarm company or an individual alarm user in electronic form in place of a license renewal form.
(b) It is the responsibility of the alarm user to submit an application prior to the license expiration date. Failure to renew will be classified as use of a non-licensed alarm system and citations and penalties, including penalties provided in Sections 3710.5 and 3714, shall be assessed without waiver.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(Former Sec. 3708 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)
(a) An alarm user shall:
(1) Maintain the alarm site and the alarm system in a manner that will minimize or eliminate false alarms;
(2) Make every reasonable effort to have a responder to the alarm system's location within 45 minutes when requested by the Police Department in order to:
(A) Deactivate an alarm system;
(B) Provide access to the alarm site; and/or
(C) Provide alternative security for the alarm site.
(3) Not activate an alarm system 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 mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than fifteen (15) minutes after being activated.
(c) An alarm user shall not use automatic voice dialers.
(d) An alarm user shall maintain at each alarm site a set of written operating instructions for each alarm system.
(e) In order to reduce false alarms due to initial equipment problems, alarm users may agree with their alarm installation company and/or monitoring company to go through an "acclimation period" for the first seven (7) days after installation of an alarm system during which time the alarm installation company and/or monitoring company will have no obligation to and will not respond to an alarm signal from the alarm site and will not make an alarm dispatch request to the Department of Emergency Management, even if the alarm signal is the result of an actual alarm event.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(Former Sec. 3709 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)
(a) The alarm installation company shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. The instructions will specifically include all instructions necessary to turn the alarm system on and off and to avoid false alarms.
(b) Upon the effective date of this Article, alarm installation companies shall not program alarm systems so that they are capable of sending one-plus duress alarms. Monitoring companies may continue to report one-plus duress alarms received from alarm systems programmed with one-plus duress alarms prior to enactment of this Article. However, upon the effective date of this Article, when a takeover or conversion occurs or if an alarm user requests an alarm system inspection or modification pursuant to Section 3709(c) of this Article, an alarm installation company must remove the one-plus duress alarm capability from such alarm systems.
(c) Upon the effective date of this Article, alarm installation companies shall not install a device to activate a false alarm, which is a single action, non-recessed button.
(d) Ninety (90) days after enactment of this Article, and conditioned upon reasonable availability, the alarm installation companies shall on new installations, use only alarm control panel(s) which meet SIA Control Panel Standard CP-01.
(e) An alarm company shall not use automatic voice dialers.
(f) After completion of the installation of an alarm system, an alarm installation company employee shall review with the alarm user a Customer False Alarm Prevention Checklist approved by the Director of the Department of Emergency Management.
(g) In order to reduce false alarms due to initial equipment problems, the monitoring company may agree with the alarm user not to make an alarm dispatch request of the Department of Emergency Management in response to a burglar alarm signal, excluding panic, duress and holdup signals, during the first seven (7) days following an alarm system installation.
(h) A monitoring company shall:
(1) Report alarm signals using telephone numbers designated by the Director of the Department of Emergency Management;
(2) Verify every alarm signal, except a panic, duress or holdup signal, before requesting a law enforcement response;
(3) Communicate alarm dispatch requests to the Department of Emergency Management in a manner and form determined by the Director of the Department of Emergency Management;
(4) Communicate cancellations to the Department of Emergency Management in a manner and form determined by the Director of the Department of Emergency Management;
(5) Ensure that all alarm users of alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the alarm;
(6) Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the alarm dispatch request;
(7) Communicate type of alarm activation (silent or audible, interior or perimeter);
(8) Provide an alarm user license number when requesting Department of Emergency Management dispatch;
(9) After an alarm dispatch request, promptly advise the Department of Emergency Management if the monitoring company knows that the alarm user or the responder is on the way to the alarm site;
(10) Attempt to contact the alarm user or responder within 24 hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and
(11) Upon the effective date of this Article, monitoring companies must maintain for a period of at least one (1) year from the date of the alarm dispatch request, records relating to alarm dispatch requests. Records must include the name, address and telephone number of the alarm user, the alarm license number, the alarm system zone(s) activated, the time of alarm dispatch request and evidence of an attempt to verify. The Director of the Department of Emergency Management may request copies of such records for individually named alarm users. If the request is made within sixty (60) days of an alarm dispatch request, the monitoring company shall furnish requested records within three (3) business days of receiving the request. If the records are requested between sixty (60) days to one (1) year after an alarm dispatch request, the monitoring company shall furnish the requested records within thirty (30) days of receiving the request.
(i) An alarm installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the Tax Collector of such purchase and provide details as may be reasonably requested by the Tax Collector.
(j) Each alarm installation and alarm monitoring company shall, upon request, provide a copy of this Article to any new customer with whom it contracts to install and/or monitor an alarm system.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(Former Sec. 3710 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)
(a) An alarm installation company shall not install an alarm for a customer who does not have a current valid license under this Article, provided, however, that the installation company may provide the customer with a license application form, and shall accept from the customer the completed form and the applicable license fee on behalf of the Tax Collector, after which the company may install the alarm system.
(b) No later than last day of each month following the month of collection or receipt, the installation company shall remit to the Tax Collector as a single check all license fees collected and completed license applications received. Remittance reports shall be in a format approved by the Tax Collector and shall include the name, license number, and alarm system location of each alarm user who has paid the fee and any other information required by the Tax Collector.
(c) The alarm installation company shall maintain its records in such a manner so as to be able to cross-reference the alarm user's name, the alarm system's location, and the license number assigned by the Tax Collector.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 297-04, File No. 041336, App. 12/24/2004)
(a) An alarm monitoring company shall not service a new customer who does not have a current valid license under this Article, provided that the monitoring company may provide the customer with a license application form and shall accept from the customer the completed form and the applicable license fee on behalf of the Tax Collector, after which the company may service the alarm system.
(b) No later than December 1 of each year, and beginning in 2005, no later than November 1 of each year, an alarm monitoring company doing business in San Francisco shall notify each of its customers of the license renewal for the following year and shall bill such customers for the license fee required under this Article. Such bill shall be due and payable in not more than 30 days. The notification may be part of the company's regular billing or a separate notice, and shall be in a form approved by the Tax Collector. The company shall also provide the customer with a copy of the license renewal form. The alarm monitoring company shall be responsible for collecting the license renewal fee from the customer.
(c) No later than last day of each month following the month of collection or receipt, the monitoring company shall remit to the Tax Collector as a single check all license fees collected, completed license renewal forms received or license renewal information in electronic form if authorized by the Tax Collector, and a list of customers who have not paid the fee. Remittance reports shall be in a format approved by the Tax Collector and shall include the name, license number, and alarm system location of each alarm user who has paid the fee, and any other information required by the Tax Collector.
(d) The alarm monitoring company shall maintain its records in such a manner so as to be able to cross-reference the alarm user's name, the alarm system's location, and the license number assigned by the Tax Collector.
(e) The billing and remittance provisions of this Section shall only apply to a monitoring company that has a direct contractual relationship with the alarm user. If a monitoring company has no such direct contractual relationship, and instead provides monitoring services pursuant to a subcontract with the alarm installation company or any other person or company, then the installation or other such person or company shall be responsible for meeting the billing and remittance requirements of this Section. However, the monitoring company shall continue to be responsible for complying with all other applicable provisions of this Article, including, but not limited to, the requirements of Section 3710.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 297-04, File No. 041336, App. 12/24/2004; Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(a) Alarm installation and monitoring companies shall hold fee revenues in trust for the City and shall remit the revenues collected as the fee to the Tax Collector as provided in this Article.
(b) The fees collected by alarm companies under this Article shall be stated separately in the alarm companies' billings to their customers.
(c) If the amount paid by a customer is less than the full amount of the charges for service and the license or license renewal fee which have accrued for the billing period, and if the customer remitting has not indicated how to allocate the payment as between alarm company service charges and alarm license fees, then a proportionate share of both the charges for service and the fee shall be deemed to have been paid.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003)
(a) Any fee required to be paid by an alarm user under the provisions of this Article shall be deemed a debt owed by the alarm user to the City until it has been paid to the City, except that proof of actual payment to an alarm company is sufficient to relieve the alarm user from further liability for the fee.
(b) Any fee required to be collected by an alarm company under the provisions of this Article shall be deemed a debt owed to the City and County of San Francisco by the company required to collect and remit such fee, if the alarm company has failed to take reasonable steps to collect the fee. A company will be deemed to have taken reasonable steps if, at a minimum, it bills the alarm user, waits 30 days, timely bills the user a second time, and then informs the City of the user's continued nonpayment.
(c) Whenever an alarm company remits funds collected as a license or license renewal fee to the City, the alarm company shall also provide the City with the name and address of any customer refusing or failing to pay the fee for a period of one or more billing periods and shall state the amount of such fee remaining unpaid, and such other information as the Tax Collector may require. The Tax Collector may assume responsibility for collection of any fees due and payable for the stated periods and demand payment of such fees, plus administrative costs, interest, and penalties, if any.
(d) Any person owing money to the City under the provisions of this Article shall be liable in an action brought in the name of the City and County for the recovery of such amount.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 297-04, File No. 041336, App. 12/24/2004)
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