HomeMy WebLinkAbout2018-06-04 Ordinance 5441DocuSign Envelope ID: 5981E70E-32F3-434E-A1FD-22C818647109
Ordinance No. 5441
Ordinance of the Council of the City of Palo Alto Amending Chapter 4.39
(Private Intrusion Alarms) of Title 4 (Business Licenses and Regulations)
of the Palo Alto Municipal Code to Include Fire Alarms
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Chapter 4.39 (Private Intrusion Alarms) of Title 4 (Business Licenses and
Regulations) of the Palo Alto Municipal Code is hereby Retitled "Private Intrusion and Fire
Alarms" and amended to read as follows:
Chapter 4.39
PRIVATE INTRUSION AND FIRE ALARMS
Sections:
4.39.010 Findings and purpose.
4.39.020 Definitions.
4.39.030 Limitations on audible alarm systems.
4.39.040 Limitation on automatic telephone dialing devices.
4.39.050 Back-up power supply.
4.39.060 Registration of alarm.
4.39.070 Alarm tests.
4.39.080 False alarm service charges.
4.39.090 Revocation of alarm registration.
4.39.100 Appeal.
4.39.110 Enforcement.
4.39.010 Findings and purpose.
(a) The City Council finds and declares that:
(1) There are a substantial number of alarms of possible criminal activity ~that
come into the Palo Alto Police Department and preventable false fire alarms that come into the
Palo Alto Fire Department. These alarms average in excess of four hundred per month for the
Police Department and one hundred per month for the Fire Department. It is the policy and
practice of the Palo Alto Police and Fire Department~ to respond to all alarms except those
which are known to be false and to report on all alarms genuine or false. Most alarms are false.
Most false alarms are the result of improper maintenance or improper or careless use of an
alarm system.
(2) False alarms needlessly divert limited police and fire resources from genuine
alarms and other emergencies. Police officers and fire crews responding to false alarms are not
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available to carry out other ~public safety duties. In the interest of using limited iaw
enfereement resources most effectively, the number of false alarms can and must be reduced.
(3) The purpose of this chapter is to reduce the dangers and diversions of false alarms
and to encourage alarm users to maintain their systems in good working order and to use them
properly thereby conserving police and fire personnel time and increasing protection for all
Palo Alto citizens.
(4) Where the alarm system in question is a Fire Alarm, the enforcement official for
the City shall be the Fire Chief or his or her designee. For all other alarm systems, the
enforcement official shall be the Chief of Police or his or her designee.
4.39.020 Definitions.
For the purposes of this chapter, certain terms used herein are defined as follows:
(a) "Alarm Administrator" means a person or persons designated by the City (Police
Chief and Fire Chief) to administer the provisions of this chapter.
(a.Q.) "Alarm business" means any person operating for any consideration who is
engaged in the installation, maintenance, alteration or servicing of alarm systems or who
responds to such alarm systems.
(c) "Alarm user awareness class" means a class conducted. for the purpose of educating
alarm users about the responsible use, operation, and maintenance of alarm systems and the
problems created by false alarms.
(&Q.) "Alarm system" means an assembly of equipment and devices arranged to signal
the presence of any condition upon premises within the City of Palo Alto to which the police
and fire department normally responds. The term "alarm system" shall include equipment
which is designed to detect an emergency, or which is designed to be activated by a person to
report an emergency. Alarm systems include, but are not limited to, local alarm systems, direct
connection systems, central station alarm systems and automatic telephone dialing systems.
Alarm systems shall not include audible alarms affixed to automobiles.
(~) "Alarm user" means any person who owns, leases, is the agent of the owner or
lessee of, or otherwise is in possession or control of a premises on which an alarm system has
been installed and operates.
(ef) "Audible alarm system" means an alarm system which is capable of being heard
outdoors when it is activated.
(fg) "Automatic telephone dialing alarm system" means an alarm system which utilizes
a device which automatically transmits a pre-recorded message over telephone lines to a
number in the city's communications center.
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(fb.) "Central station alarm system" means an alarm system which transmits the alarm
signal to a facility where operators monitor the system and retransmit the signal to the city's
communications center.
(fill "Direct connection alarm system" means an alarm system which transmits an alarm
signal directly to the city's communications center.
(~-!) "False alarm" means an alarm signal resulting in a response by the Police or Fire
department~ when an emergency does not exist. An alarm shall be presumed false if the
responding offieer(s) police or fire personnel do not locate any evidence of an intrusionL..ef-&f
the commission of an unlawful act, a fire, or other emergency on the premises which might
have caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, or
other "violent" acts of nature, shall not be deemed false alarms.
(~m) "Local alarm system" means an alarm system which is operated by the user who is
normally responsible for its operation. The alarm signal is annunciated only on the premisesL
does not emit an audible signal. and is not monitored by a third party monitoring provider.
(tn.) "Person" means and includes an individual, partnership, unincorporated
association or corporation.
(~) "Premises" means any land and building located within the city except land or
buildings owned or leased by the federal government, State of California or any political
subdivision of the state, or by any municipal corporation or special district.
4.39.025 Requirements for all alarm systems
(a) Before requesting a police or fire response, an alarm system monitoring company
shall attempt to contact the alarm site and/or alarm user by telephone and/or other
means, whether or not actual contact with a person is made, to determine whether
an alarm signal is valid. A second call shall be made to an alternate number
provided by the alarm user if the first attempt fails. EXCEPTION: In case of a fire,
panic, or robbery-in-progress alarm or in cases where a crime-in-progress has been
verified as defined in ANSl/CSAA CS-V-01-2016 (or current version).
(b) Equipment and installation methods shall comply with all appropriate nationally
recognized testing laboratories and American National Standards Institute (ANSI)
requirements.
(c) It shall be unlawful for automatic telephone dialing devices to dial any phone
number used by the City of Palo Alto.
4.39.030 Limitations on audible alarm systems.
(a) It is unlawful to install, sell or use an alarm system which, upon activation, emits a
sound similar to a siren in use on public emergency vehicles or for public emergency vehicles or
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for public disaster warning purposes. For the purposes of this section, any variable pitch siren
as opposed to steady pitch, shall be considered to emit a sound similar to the sound emitted by
a public emergency vehicle. This section does not apply to sirens mounted inside a building
which cannot be heard outside the building.
(b) It is unlawful to operate an audible alarm system which does not shut off within a
maximum time of ten minutes from the time of activation.
4.39.040 bimitati&R &R awtematiG telept:ieRe dialiRg de11ic;es. Reserved.
. It sl=lall ee blnla·.vfbll fer abltematie tele~l=lene elialing eleviees te elial an.,. ~l=lene nblmeer blseel B'J'
tl=le City ef Pale /\lte.
4.39.050 Back-up power supply.
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.
4.39.060 Registration of alarm.
(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 .
4.39.070 . Alarm tests.
An alarm user, or alarm business, shall notify the eeFRFRblnieatiens elivisien ef tl=le Peliee
De~artFRent Public Safety Communication Center prior to any service, test, repair,
maintenance, adjustment, or installation of an alarm system which would normally result in a
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police or fire response. Any alarm activated, where such prior notice has been given, shall not
constitute a false alarm.
4.39.080 False alarm service charges and penalties.
(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
(3) 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. PeRalties Interest for delinquency in remittance of any service
charge or any deficiency in remittance shall attach aREI ee i;iaiEI B'( tl:ie i;ierseR reei1:1ireEI te reFRit
at the rate of ten percent each month on the ease false alarFR delinquent or deficient charge,
but such i;ieRalty 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 nonpaymentL 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 tl:ie Cl:iief ef Peliee the Police or Fire Department alarm administrator
explaining the basis for the appeal within forty five fifteen (15) 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 property 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 threem 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 fivejfil days
after notice of the decision has been mailed.
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(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.
4.39.090 Re11esatieR ef alarfFI registratieR Suspension of response; Reinstatement.
(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 (7) or more false alarms during any twelve
(12) 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 (90) 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 ($50.00)
dollars.
(a) /\fter the Poliee deJ3artFReAt has reeorded FF1ore thaA five false alarFRs oA aAy SJ3eEifie
J:JreFRises withiA a A'/ twelve FRoAth J:Jerioel, a Ad after the alarFR 1:1ser has l;ieeA Ratified l;i·1 first
dass FRail that the false alarFRs have l;ieeA aetivateel, the ehief of J3oliee shall Aotify the alarFR
1:1ser t;iy first elass FRail of a J:JFe revoeatioA heariAg to elise1:1ss the ea1:1se of the false alarFRs a Ad
to reFRiAEI the alarfFI 1:1ser that the registratioA will l;ie s1:1l;ijeet to revoeatioA if the J3oliee
eleJ:JartFReAt has reeoreleel seveA false alarFRs oee1:1r withiA aA'I t·.velve FRoAth J:Jerioel. The
heariAg will l;ie withiA forty five elays fro FR the elate of FRailiAg of tRe AotifieatioA. i;ellowiAg a
J3Fe revoeatioA ReariAg, if tRe J:Joliee eleJ:JartFReAt Ras reeordeel se•,•eA false alarFRs iA aA'I twel·1e
FRSRth J:Jeriod, the ERief of J:Jeliee shall revol(e the alarFR 1:1ser's registratieR aRd froFR tRat tiFRe
oA tRe PoliEe eleJ:JartFReRt will Ret resJ:JoRd to aRy alarFR froFR that alarFR 1:1ser's J:Jremises for a
J:Jerieel ef six FFteRths aRd 1:1Rtil s1:1eh tiFFte as the alarfFI 1:1ser s1:1l;iFF1its a Rew alarFR registratioR
aJ3J:JlieatioR a Rel the CRief of Peliee eleterFRiRes te iss1:1e a A alarFR registratioR l:IJ:IOA J:Jreef tRat
aeleEj1:1ate FReas1:1res have l;ieeR takeR te eorreet aA'I J:Jrel;ileFR ea1:1siRg the false alarFRs.
4.39.100 Appeal.
An alarm user whose alarm registration has been denied or revoked by the ERief ef
~City, may appeal that decision.
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(a) Letter of Appeal. Such alarm user must file a letter of appeal with the Chief of Poliee
Police or Fire Department alarm administrator within fifteenl!fil days of the mailing of the
letter of notification of denial or revocation. While the appeal is pending, the alarm useri-sAa-U
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, the ehief of poliee
shall refer the appeal to 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 fifteen sixty (60) 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 (10) 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 ill 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 fiveJ21 days after notice of the decision has been
mailed.
4.39.110 Enforcement.
(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, anel, ~pen eonvietion, punishable as provided in Section 1.08.010 of this codeL
and may additionally be subject to administrative penalties as provided in Chapters 1.12 and
1.16 of this code.
SECTION 2. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
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SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
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