HomeMy WebLinkAboutORDINANCES - 06051984 - 84-28 (2) r'
ORDINANCE NO. 84- 28
(Regulation of Alarm Systems and False Alarms)
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text of the enacted or amended provi-
sions of the County Ordinance Code):
SECTION I. Chapter 54-12 of the Ordinance Code is hereby repealed.
Ord. 84- 28 ; Ord. 72-24 Sl, 1972: Ord. 71-102 Sl (part, 1971. )
SECTION II. The following sections are hereby enacted to more thoroughly regu-
late alarm systems and to alleviate the growing problejn and expense of false
alarms, to read:
CHAPTER 54-12 ALARM SYSTEMS
54-12.002 Purpose and Scope. The purpose of this Chapter is to set forth
regulations governing alarm systems, both commercial and residential, within the
County, and provide for enforcement of violations of provisions of this Chapter.
This Chapter is not enacted pursuant to the power to license or tax business
for revenue purposes. Any fee or charge authorized by this Chapter is for the
sole purpose of defraying the cost and expense of regulating the activities of
the above-mentioned alarm systems and of responding to false alarms.
(Ord. 84- 28 .)
54-12.004 Definitions. The following definitions shall apply to this
Chapter:
(a) "Alarm business" means any business operated by
a person or business entity which engages in the activity of
altering, installing, leasing, maintaining, repairing,
replacing, selling, servicing, or responding to an alarm
system. Public agencies are not included within this
definition.
(b) "Alarm system" means an assembly of equipment
and devices designed to signal the presence of a hazard
requiring urgent attention and to which police or fire
agencies are expected to respond. "Alarm system" includes,
but is not limited to, audible alarms, automatic dialing
systems, commercial alarms, robbery alarm systems, intrusion
alarm systems, manual holdup alarm systems, remote signaling
systems, fire alarm systems, and alarm systems which monitor
temperature, humidity, smoke or other products of combustion.
(e) "Audible alarm" means any alarm system which
generates a sound which is designed to be 'heard outside
the building where the system is installed.
(d) "Automatic dialing system" means an alarm
system which automatically sends over telephone lines,
by direct connection or otherwise, a message or signal
indicating the existence of an emergency situation.
ORDINANCE NO. 84- 28
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(e) "Commercial alarm" means an alarm installed on
premises which are not primarily used for residential pur-
poses.
(f) "False alarm" means the activation of an alarm
system through mechanical failure, electrical failure,
electronic failure, malfunction, improper installation or
maintenance, or the negligence of the owner, lessee, or of
his employees or agents. Such terminology does not
include, for example, alarms caused by hurricanes, tor-
nadoes, earthquakes, or other violent, uncontrollable acts
of nature.
(g) "Intrusion alarm system" means an alarm system
signaling an entry or attempted entry into the area pro-
tected by the system.
(h) "Manual holdup alarm system" means an alarm
system in which the signal transmission is initiated by the
direct action of the person attacked or by an observer of
the attack.
(i) "Police Alarm Board" means an alarm receiving
center operated by the Sheriff's Department.
(j) "Public agency" includes the state, county, and
any city or district.therein, and any departments or offi-
cers thereof.
(k) "Remote signaling system" means an alarm
signaling system which, when activated by an alarm device,
transmits a signal from an alarm signaling device to a
central location, including but not limited to the Police
Alarm Board, where appropriate action is taken to investi-
gate and respond to the signal.
(1) "Robbery alarm system" means an alarm system
signaling a robbery or attempted robbery.
(m) "Sheriff" means the Sheriff of Contra Costa
County or his designated representative.
(n) "Subscriber" means any person or business entity
which owns, leases, rents, or is entitled to possession of
any premises on which an alarm system is installed. Public
agencies are not included within this definition.
(Ord. 84- 28 .)
54-12.006 Audible Alarm Requirements.
(a) No audible alarm shall be installed, maintained,
or used which emits a sound similar to that of an emergency
vehicle siren.
(b) The subscriber of an audible alarm affixed to
real property shall post a notice containing the name and
telephone number of the person to be notified to render
repairs, services, or turn off the alarm when the alarm is
activated. Such notice shall be posted near the .alarm in
such a position as to be legible from the ground adjacent
to the building.
ORDINANCE NO. 84- 28 G
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(c) All audible alarms shall be designed and/or
equipped to automatically turn off no more than 20 minutes
after activated.
(d) No subscriber shall design or equip an audible
alarm to automatically set itself.
(Ord. 84- 28 . )
54-12.008 Back-up Power.
(a) All new commercial alarms shall be supplied with
an uninterruptable power supply in such a manner that the
failure or interruption of the normal utility electric ser-
vice will not activate the alarm system. The power supply,
shall be capable of operating for at least four (4) hours.
(b) Commercial alarms installed prior to the enact-
ment of this ordinance shall comply with this requirement
within six (6) months of the effective date of this ordi-
nance.
(Ord. 84- 28—.)
54-12.010 Automatic Dialing Systems.
(a) No person or business entity shall use or
operate, cause to be used or operated, arrange, adjust,
program, or otherwise provide or install any device or com-
bination of devices, including alarm systems, that will,
upon activation, initiate the calling, dialing, or connec-
tion to any telephone number, line, or instrument assigned
to a public agency in Contra Costa County for the purpose
of delivering a recorded message, without the prior written
consent of the public agency.
(b) The public agency may withdraw its consent by
mailing written notice to the person to whom consent was
given and such person shall disconnect the device(s) within
seven (7) calendar days of mailing the notice of
withdrawal.
(c) An automatic dialing system shall dial the speci-
fic telephone number assigned to it and no other.
(Ord. 84- 28 Ord. 72-24 51, 1972: Ord. 71-102 51 (part),
1971.)
54-12.012 Police Alarm Board. No alarm shall terminate at the Police Alarm
Board without the prior written consent of the Sheriff.
54-12.014 False Alarm Fee.
(a) For every false alarm in excess of three (3) during
any 90-day period or eight (8) during any twelve month
period, the subscriber of the errant alarm shall pay a false
alarm fee.
(b) The false alarm fee shall be established by board
resolution.
i
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(c) For purposes of this section, all false alarms
within a 24-hour period shall be deemed one (1) false alarm.
(Ord. 84- 28 .)
54-12.016 Non-Response.
(a) In lieu of the false alarm fee, the Sheriff may
determine that a subscriber's alarm is an alarm warranting
a "non-response" by emergency units.
(b) "Non-response" status may be based on one or more
of the following conditions:
s
(1) Personnel at the location of the alarm
system are not properly trained;
(2) The alarm system is not properly main-
tained;
(3) False alarms are a recurring problem;
(4) The subscriber has failed to pay the
false alarm fee within 30 days after the date of
mailing the invoice;
(5) The subscriber has failed or refused to
respond to the location of an errant alarm;
(6) The alarm system has been activated for
reasons other than probable burglary, intrusion, or
robbery; or
(7) The subscriber has failed to comply with any
provision of this Chapter.
(c) Emergency units will not respond to any alarm
system in "non-response" status.
(Ord. 84- 28 , )
54-12.018 Non-Response Notice. The Sheriff shall give written notice to
any subscriber who is deemed subject to non-response status, that seven (7)
calendar days after mailing this notice, emergency units will no longer respond
to the subscriber's alarm system unless an appeal to the Sheriff is timely made.
(Ord. 84- 28 .)
54-12.020 Hearing Procedure.
(a) Within seven (7) days of the date of mailing a
"non-response" notice, the subscriber may mail a written
request, by first-class mail, return receipt requested, for
a hearing before the Sheriff. The request shall set forth
the reason(s) why the alarm should not be placed on non-
response status.
(b) The Sheriff shall set a hearing and mail written
notice of the date, time, and place thereof to the
subscriber at least ten (10) days prior to the date of such
hearing.
ORDINANCE NO. 84- 28 00 1 ,10
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(c) At the hearing, the parties or their authorized
representatives may present relevant oral and documentary
evidence and cross-examine witnesses.
(d) The decision of the Sheriff may be appealed to
the Board of Supervisors no later than ten (10) days from
the date of mailing the decision. The letter of appeal
must state the grounds for appeal and must be mailed no
later than ten (10) days from the date the decision is
mailed.
(Ord. 84- 28 ,)
54-12.022 Liability Limitation. The County shall be under no duty or obli-
gation to subscribers or any other person or business entity, by reason of any
provision of this Chapter or any privileges of a subscriber hereunder,
including, but not limited to, any defects in the Police Alarm Board or any
delays in transmission or response to any alarm.
(Ord. 84- 28 . )
54-12.024 Collection Process. The County is authorized to collect the
false alarm fee and sue any person or business which has failed to pay the fee
within a reasonable,"time or failed to comply with any provision of this
Chapter.
(Ord. 84- 28 .)
54-12.026 Severability. If any section, subsection, subdivision,
paragraph, sentence, clause, or phrase of this Chapter or any part thereof is
for any reason held to be unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Division or any part thereof.
The Board of Supervisors hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more of these sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitu-
tional or invalid or ineffective.
(Ord. 84- 28 .)
54-12.028 Punishment/Public Nuisance.
(a) Any violation of this Chapter is an infraction.
(b) Any violation of this Chapter shall constitute a
public nuisance. In addition to any other remedies provided
in this Chapter, the County may summarily abate and bring suit
to enjoin or abate the nuisance.
(Ord. 84- 28 .).
ORDINANCE NO. 84- 28 0 0
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SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names of
supervisors voting;for and against it in the CONTRA COSTA TIMES
a newspaper published in this County.
PASSED on June 5, 1984 by the following vote:
AYES: Supervisors - Powers, Fanden, Schroder, McPeak, Torlakson. -
NOES: Supervisors - None.
ABSENT: Supervisors - None.
ATTEST: J.R. OLSSON, County Clerk ,
& ex officio Clerk of the Board
y Deputy
Diana M. Herman �—
Ir' � kx-�kc;Di�
Board Chair
[SEAL]
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ORDINANCE NO. 84- 28