Chapter 9.60 LAW ENFORCEMENT ALARM SYSTEM RESPONSE
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9.60.010 Title.
9.60.020 Purpose.
9.60.030 Definitions.
9.60.040 Audible alarm systems.
9.60.050 Automatic dialing devices prohibited.
9.60.060 Robbery and panic alarm systems.
9.60.070 Permit required.
9.60.080 Permit application.
9.60.090 Renewals and reapplications.
9.60.100 Issuance of permits.
9.60.110 Notice of transfer or modification of system.
9.60.120 False alarm service fees.
9.60.130 Suspension and revocation of permit.
9.60.140 Reapplication—Inspection—Reissuance.
9.60.150 Appeals
9.60.160 Violation of chapter provisions—Enforcement.
9.60.010 Title.
This chapter of the Napa Municipal Code shall be known as the “Law Enforcement Alarm System Response Ordinance.” (O4226; O96-015)
9.60.020 Purpose.
The purpose of this chapter is to regulate the use of alarm systems in the City of Napa to reduce the number of false alarms requiring a police response. This will increase officer safety, ensure proper attention and response to actual crimes in progress, and increase available preventive patrol and increase patrol enforcement time, thereby furthering the health, safety, and welfare of the people of Napa. (O4226; O96-015)
9.60.030 Definitions.
As used in this chapter:
“Alarm company” means any person, retail establishment, organization, answering service, central station or modified central station that installs, connects, or monitors burglary, robbery or other alarm security systems for profit or other consideration. Such companies must be licensed in accordance with Business and Professions Code Section 7590 et seq.
“Alarm system” means any mechanical or electrical device which is designed or used for the protection against an unauthorized entry into a building, structure or facility by alerting others of the Commission of an unlawful act within a building, structure or facility and which emits a sound or transmits a signal or message when activated. The following devices shall not constitute an alarm system within the meaning of this subsection:
1. Alarm devices affixed to motor vehicles; and
2. Alarm devices installed on a temporary basis by the Police Department.
“Alarm user” means any person, business, or corporate entity, which receives a law enforcement response as the result of the activation of an alarm system.
“Answering service” means a telephone answering service providing, among its services, the receiving on a continuous basis of emergency signals from alarm systems, and the subsequent immediate relaying of messages based on such signals by live voice to the communication center of the Police Department.
“Automatic dialing device” means an alarm system which automatically sends over regular telephone lines, by direct connections or otherwise a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.
“Central station” means an office to which alarm systems are connected, where operators supervise the circuits and where guards and/or service persons are continuously available to investigate signals.
“Direct line” means a telephone line leading directly from a central station to the communication center of the police department, where such line is used only to report emergency signals on a person-to-person basis.
“Emergency” means the commission or attempted commission of any felony, unlawful entry, or any act of violence.
“Excessive False Alarms.” An alarm system shall be deemed to actuate excessive false alarms when there are more than two false alarms in any one calendar year. If a permittee presents sufficient proof that a particular false alarm was caused by an event or act specified in the second sentence of the definition of “false alarms” as set forth in this section, said false alarm shall not be counted against the permittee in determining whether the permittee’s alarm system actuated excessive false alarms.
“False alarm” means the activation of an alarm system which results in a law enforcement response and where no emergency exists. False alarms which occur as a result of violent acts of nature, (i.e., earthquake, severe windstorms, floods, etc.), shall not be counted as false alarms for purposes of this chapter.
“Felony,” as defined in California Penal Code Section 17, means a crime which is punishable by death or by imprisonment in the state prison.
“Gender.” Use of the masculine gender in this chapter is intended to include the feminine gender as well.
“Interconnect” means to connect an alarm system to a telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
“Intrusion” means the unlawful entry into a structure or protected perimeter.
“Modified central station” means an office to which alarm systems are connected, where operators supervise the circuits but where guards/service personnel are not available to investigate alarm signals.
“Panic alarm” means any device or system designed to alert law enforcement of a violent act or an immediate present threat of a violent act by manually activating a switch or button.
“Permittee” means the person to whom an alarm system permit is issued.
“Person” includes natural persons without regard to number or gender, and any partnership, corporation and any other type of legal entity.
“Primary trunkline” means any telephone line leading directly into the communication center of the Police Department, including 911 emergency lines for the purpose of handling emergency calls on a person-to-person basis and which is identified as such by a specific number included among the numbers listed in the telephone directory issued by the telephone company, covering the service area within the Police Department’s jurisdiction.
“Robbery” means the criminal act of forcibly taking of property from the person of another by violence or threat of violence.
“Siren” means any audible noise similar to that which must be sounded by an authorized emergency vehicle under the conditions set forth in Section 21055 of the California Vehicle Code. (O4226; O96-015; O2012 1, 1/17/12)
9.60.040 Audible alarm systems.
A. Sirens Prohibited.
1. No alarm system which emits the sound of a siren shall be installed or connected on the outside of any building which emits an audible sound of a siren, as defined in Section 9.60.030. This section shall not be construed to prohibit the use of certain electronic horns or howlers that may be approved by the Chief of Police or designated representative, provided that they do not emit a sound similar to a siren.
2. Anyone who installs or permits the installation of, or uses an alarm system which emits the sound of a siren is guilty of an infraction as provided in Section 9.60.070(A).
B. Automatic Shutoff Required. Any alarm system which is installed or connected which, when activated, generates an audible sound of a siren on the exterior of the structure in which the system is maintained, shall have as part of the alarm system an automatic shutoff device which shuts off the alarm system within 20 minutes of initial activation. Any alarm system which is installed and in operation which, when activated, generates an audible sound on the exterior of the structure in which the system is maintained, shall have such an automatic shutoff device as described above.
1. Any person who uses, or causes the installation of, an audible alarm system without the required shutoff is guilty of an infraction as provided in Section 9.60.070(A).
2. Any alarm company who installs an audible alarm system without the required shutoff is guilty of an infraction as provided in Section 9.60.070(A).
(O2012 1, 1/17/12)
9.60.050 Automatic dialing devices prohibited.
A. No automatic dialing device shall be interconnected to a primary trunkline of the Police Department. Any person who makes or permits the interconnection is guilty of an infraction as provided in Section 9.60.070(A).
B. Persons owning or leasing an automatic dialing device may have the device interconnected to a telephone line transmitting directly to:
1. A central station;
2. A modified central station; or
3. An answering service.
C. The relaying of messages to the Police Department by a central station, modified central station, or an answering service shall be over a primary trunkline.
D. No automatic dialing device may be interconnected to the telephone operator, Napa city telephone operator, or 911 emergency center operator. (O4226; O96-015)
9.60.060 Robbery and panic alarm systems.
A. Robbery Alarm Systems. A robbery alarm system may only be activated in the event of an actual or attempted robbery as defined in Section 9.60.030. The activation of a robbery alarm system for any other purpose is an infraction, punishable by a fine not exceeding $500.00.
B. Panic Alarm. A panic alarm system may only be activated in the event of a violent act or the immediate present threat of a violent act. The activation of a panic alarm system for any other purpose is an infraction, punishable by a fine not exceeding $500.00. (O4226; O96-015)
9.60.070 Permit required.
A. Alarm User. No person shall install, connect or operate any law enforcement alarm system as defined in this chapter within the city limits of the City of Napa without first obtaining a permit from the Chief of Police in accordance with the provisions of this chapter. Any installation, connection or operation of any law enforcement alarm system without a valid permit is an infraction punishable by a fine not exceeding $500.00.
B. Alarm Companies.
1. No alarm company shall perform any installation, connection or maintenance of any law enforcement alarm system for which a valid permit has not been issued. It is incumbent on the alarm company to verify the existence of a valid permit either by inspecting the actual permit in possession of the alarm user, or by confirming the permit with the Napa Police Department. Any installation, connection or maintenance of any law enforcement alarm system by an alarm company for which no valid permit has been issued is an infraction punishable by a fine not exceeding $500.00.
2. Any alarm company notified by the Napa Police Department that an alarm system user’s permit has been suspended, revoked, or not renewed, shall discontinue any and all service on such system within 15 days of notification.
(O4226; O96-015; O2012 1, 1/17/12)
9.60.080 Permit application.
A. Application Required. Alarm users shall apply with the Napa Police Department for a permit to operate any law enforcement alarm system as defined in this chapter.
B. Application Form. The Napa Police Department shall determine and provide the application form to be used.
C. Fees. The city shall establish by resolution a nonrefundable application fee, which shall be paid by the applicant at the time of application.
1. This fee shall reimburse the city for costs associated with the application processing, alarm site inspection, and permit issuance.
2. The applicant will be issued a permit within 10 business days following the city’s receipt of the required application fee and a completed application form that provides all information required.
D. Multiple Systems. An alarm user who intends to operate more than one alarm system on any single premises, property or business may apply for a permit to operate all systems on a single application, or at his or her option, apply separately for each system and pay the application fee for each permit. False alarms shall be calculated and charged against the permit regardless of the number of types of systems operated under the permit.
E. Confidentiality. The information contained on the application form and any subsequent inspection or investigation notes, reports, or files pertaining to the permittee, business or alarm company shall be confidential and not open to public inspection. It is declared that this information is critical to the safety and security of the permittee, his or her agents and employees, and law enforcement personnel and that the public interest served by not disclosing such information to the public clearly outweighs the public interest served by disclosing such information. (O4226; O96-015; O2012 1, 1/17/12)
9.60.090 Renewals and reapplications.
A. Renewals. Each permittee shall be required to renew all alarm system permits issued thereto every three years. The city shall establish a renewal fee, which shall be paid prior to the expiration date of the existing permit.
B. Reapplications. Permittees shall reapply for an alarm permit under any of the following conditions:
1. Whenever a permit has been revoked pursuant to this chapter;
2. Whenever a permit has expired and no renewal has been applied for prior to the expiration date; or
3. Whenever additional systems are added to the premises, business or property.
(O2012 1, 1/17/12)
9.60.100 Issuance of permits.
A. By Whom Issued. All permits issued pursuant to this chapter shall be approved by the Chief of Police or designee.
B. To Whom Issued. All permits issued pursuant to this chapter shall be to the alarm user as defined in this chapter.
C. Permit Period. Each permit issued pursuant to this chapter shall remain valid for a period of three years from date of issuance unless otherwise revoked, suspended or terminated as prescribed in this chapter. (O4226; O96-015)
9.60.110 Notice of transfer or modification of system.
A. Transfer. Permits issued pursuant to this chapter may be transferred to a new alarm user occupying the same premises served by the system under the following conditions:
1. The Police Department shall be notified prior to change of ownership or occupancy.
2. The new permittee shall provide the Police Department with any and all information required on the original application form.
3. No changes in the type and number of systems shall be made.
B. Modification of System. Any change in the number or type of systems operated under a permit issued pursuant to this chapter shall be reported to the Police Department, in writing, at least 24 hours in advance of the operation of the modified system.
C. Waiver of Previously Incurred False Alarms. Upon transfer of a permit to a new permittee, all previous false alarms shall be waived and not charged against the new permittee. (O4226; O96-015; O2012 1, 1/17/12)
9.60.120 False alarm service fees.
A. Declaration. The City of Napa declares that law enforcement responses to repeated false alarms as defined in this chapter pose a critical drain on limited police personnel resources, endanger responding officers, and deprive the general taxpayer of a preventive police presence, thereby endangering the general health and welfare of the community at large.
B. Purpose. In order to encourage the proper maintenance and operation of law enforcement alarm systems and deter the frequency of false alarms, the city shall establish a false alarm response service fee to be paid by the alarm user when false alarms occur at a frequency determined to be excessive by Section 9.60.030 of this chapter.
C. Fees Payable. The city shall demand the fee, in writing, from the alarm user upon determining that the alarm system(s) authorized under the permit have registered excessive false alarms as defined herein. Such demand is due and payable within 30 days of billing.
D. Fees Not Paid. If a person fails to make payment to the city of any amount owed in accordance with this section, the city may collect the amount owed in accordance with Chapter 1.16 of this code. (O4226; O96-015; O2012 1, 1/17/12)
9.60.130 Suspension and revocation of permit.
A. Suspension. The Police Chief or designee may suspend an alarm system permit under any of the following circumstances:
1. The violation of any of the provisions of this chapter;
2. A false statement on the permit application;
3. Failure to pay for any fee or fine assessed pursuant to this chapter;
4. Six or more false alarms during any calendar year.
B. Length of Suspension. The Chief of Police or designee may suspend an alarm system permit for up to 365 calendar days.
C. Effect of Suspension. During the period of time a permit is suspended, the Police Department will not respond personnel to the alarm site based solely on the activation of the system.
D. Revocation. The Police Chief or designee may revoke an alarm user’s permit under any of the following conditions:
1. When the permittee has furnished false information on the alarm system permit application;
2. When the permittee has had three or more suspensions in any 12-month period and has failed to correct the condition(s) leading to the suspension;
3. When the permittee has failed to pay any fee or charge imposed under this chapter; or
4. When an alarm user fails to satisfy a judgment of a court of law as a result of a conviction of any provision of this chapter.
E. Effect of Revocation. Upon notice of a permit revocation, the Police Department shall no longer respond personnel to the alarm site based solely on the activation of the alarm system.
F. Notice of Permit Denial, Suspension or Revocation. If an applicant for a permit is denied or a permit is suspended or revoked pursuant to this section, the Chief of Police shall serve on the applicant or permittee a written notice of the Chief of Police’s determination including, in the case of suspension, the length of the proposed suspension, and of the right to a hearing to appeal the Chief of Police’s determination pursuant to Section 9.60.150. Service shall be by certified/registered mail to the applicant’s or permittee’s last known address. Service shall be considered complete five days after such mailing. (O2012 1, 1/17/12)
9.60.140 Reapplication—Inspection—Reissuance.
A. Reapplication. An alarm user may reapply for an alarm system permit after revocation in the same manner and subject to the same fees as a new permit application.
B. Inspection. An alarm user whose permit has been revoked shall be subject to an inspection and investigation by the Police Department to determine whether the conditions which caused the revocation have been corrected.
C. Reissuance. Upon payment of all fees and charges and upon satisfactory proof that all conditions which caused the revocation have been corrected, the Police Chief or designee may reissue the permit. (O2012 1, 1/17/12)
9.60.150 Appeals
Any decision for a denial, suspension or revocation of a permit may be appealed to an administrative hearing officer as outlined below:
A. An applicant denied a permit, or a permittee whose permit has been suspended or revoked pursuant to Section 9.60.130, may appeal the determination of the Chief of Police by filing a request for an administrative hearing within 10 days of receipt of the Chief of Police’s determination in accordance with Chapter 1.26 of this code. Any written determination made by the Chief of Police pursuant to this chapter shall be final unless appealed pursuant to the requirements of this section. Failure to timely request an administrative hearing in the manner required by this section constitutes waiver of the hearing and a failure to exhaust administrative remedies.
B. All administrative hearings of determinations made under this chapter shall be conducted in accordance with Chapter 1.26 of this code. (O2012 1, 1/17/12)
9.60.160 Violation of chapter provisions—Enforcement.
The conviction and punishment of a violation deemed under any provision of this chapter to be an infraction shall not be a bar to imposing administrative sanctions as authorized by this chapter, nor shall the imposition of any administrative sanction be a bar to prosecution of a violation deemed under any provision of this chapter to be an infraction. (O2012 1, 1/17/12)