Loading...
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(Former Sec. 3705 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)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(Former Sec. 3706 added by Ord. 524-83, App. 11/4/83; repealed by Ord. 154-02, File No. 021078, App. 7/12/2002)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)
(a) Any fee or false alarm penalty not paid by the due date is delinquent.
(b) Alarm User. Failure by an alarm user to pay any fee or false alarm penalty herein imposed shall result in the following interest and penalties on the alarm user:
(i) If a license fee or false alarm penalty is not paid within 30 days after the same becomes due, the Tax Collector shall add 50 percent to the amount of the stated fee or penalty as a penalty for non-payment.
(ii) In addition to the penalties imposed in this Subsection (b), any alarm user who fails to pay any fee or false alarm penalty imposed by this Article, shall pay interest on the amount of the fee or penalty, exclusive of late payment penalties, plus an additional collection charge for each delinquent account in an amount to be determined by rules and regulations of the Tax Collector. The Tax Collector shall establish collection charges sufficient to reimburse the costs incurred by the City for collecting delinquent fees or penalties. Interest shall be paid at the rate of one percent per month, or fraction thereof. Interest and collection charges shall accrue 90 days after the original due date.
(iii) The penalties, interest and collection charges imposed in this Subsection (b) shall not be collected by the alarm company, but shall be determined and collected by the City and County as set forth hereinafter.
(c) Alarm Companies. Interest and penalties for delinquency in remittance of any fee not remitted shall be assessed as follows:
(i) Any alarm company who fails to remit any fee imposed by this Article within 10 days after receipt of written notice from the Tax Collector of such failure shall pay a penalty of 10 percent of the amount of the fee.
(ii) If the Tax Collector determines that the nonpayment of any remittance due hereunder is due to fraud or an intentional disregard of the provisions of this Article or of any applicable rule or regulation of the Tax Collector, a penalty of 100 percent of the amount of the fee shall be added thereto in addition to the penalty stated in subparagraph (i) of this Subsection.
(iii) In addition to the penalties imposed in this Subsection (c), any alarm company who fails to remit any fee imposed by this Article shall pay interest on the amount of the fee, exclusive of penalties, from the date on which the remittance first became delinquent until paid. Interest shall be paid at the rate of one percent per month, or fraction thereof.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003)
(a) If any alarm company shall fail or refuse to make, within the time provided in this Article, any report and remittance of said fee or any portion thereof required by this Article, the Tax Collector may make a determination based upon an estimate of the total liability of the alarm company. The estimate shall be made for the period or periods in respect to which the alarm company failed to timely make a return or failed to timely remit any fees, and may be based upon any information which is in the Tax Collector's possession or may come into his or her possession. Upon the basis of this estimate, the Tax Collector shall compute and determine the amount required to be paid to the City and County, adding to the sum interest and penalties provided by this Article.
(b) In case such determination is made, the Tax Collector shall give a notice of the amount so assessed by serving the determination personally or by depositing it in the United States mail, postage prepaid, addressed to the alarm company so addressed at its last known place of address. Such alarm company may within 10 days after the serving or mailing of such notice make application in writing to the Tax Collector for a hearing to protest the determination.
(c) If application by the alarm company for a hearing is not made within the time prescribed, the fee, interest and penalties, if any, determined by the Tax Collector shall become final and conclusive and immediately due and payable. If such application is made, the Tax Collector shall forward such application to a hearing officer, giving not less than five days' written notice in the manner prescribed herein to the alarm company to show cause at a time and place fixed in said notice why the amount specified in the determination should not be fixed for such fee, interest and penalties. At such hearing, the alarm company may appear and offer evidence why such specified fee, interest and penalties should not be so fixed. After such hearing, and in accordance with the decision reached by the hearing officer therein, the Tax Collector shall determine the proper fee to be remitted and shall thereafter give written notice to the alarm company in the manner prescribed herein of such determination and the amount of such fee, interest and penalties. The amount determined to be due shall be payable within 15 days.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003; amended by Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(a) An alarm company may claim a refund or claim a credit a against fees to be collected and remitted of the amount overpaid or paid more than once or erroneously or illegally collected or received by filing a claim in the manner provided in Sections 6.15-1 et seq. of the Business and Tax Regulations Code; provided, however, that neither a refund or a credit shall be allowed unless the amount of the fee so collected has either been refunded to the person entitled thereto or credited to the charges subsequently payable by such person to the alarm company.
(b) An alarm user may obtain a refund of fees overpaid or paid more than once or erroneously or illegally collected or received by the City and County by filing a claim in the manner provided in Sections 6.15-1 et seq. of the Business and Tax Regulations Code, but only when the fee was paid by the alarm user directly to the Tax Collector, or when the alarm user, having paid the fee to the alarm company, establishes to the satisfaction of the Tax Collector that the alarm user has been unable to obtain a refund from the alarm company who collected the fee.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003)
(a) If the Tax Collector determines that alarm user has deliberately withheld the amount of the fee to be remitted to an alarm company or that an alarm user has failed to pay the amount of the fee for a period of one or more billing periods, or if the Tax Collector deems it in the best interest of the City and County, he or she may assume responsibility for collection of fees due under this Article from certain named alarm users for specified billing periods. The Tax Collector shall notify the alarm user that the Tax Collector has assumed responsibility for collection of the fees due and payable for the stated periods and demand payment of such fees. The notice shall be served on the alarm user by handing it to him or her personally or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the alarm user at the address to which billing was made by the alarm company, or, should the alarm user have changed his or her address, to his or her last known address.
(b) If an alarm user fails to remit the fee to the Tax Collector, the alarm user shall be subject to the interest and penalties provided in Section 3710.5, in addition to any other penalty imposed by this Article.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003)
Loading...