Ord 1542-ADDING CHAPTER 34 TO THE TOWN CODE PROVIDING FOR REGULATION OF POLICE ALARMS AND IMPOSING A SERVICE CHARGE FOR THE CAUSING OF MORE THAN FOUR FALSE ALARMS IN A SIX-MONTH PERIODORDINANCE NO. 1542
ORDINANCE OF THE TOWN OF LOS GATOS ADDING CHAPTER 34
TO THE TOWN CODE PROVIDING FOR REGULATION OF POLICE ALARMS
AND IMPOSING A SERVICE CHARGE FOR THE CAUSING OF MORE THAN
F(TP. FALSE ALARMS IN A SIX - MONTH PERIOD
The Town Council hereby ORDAINS:
SECTION 1.
Chapter 34 is hereby added to the Town Code as follows:
"CHAPTER 34.
POLICE ALARMS
Article I. General Provisions.
Sec. 34.10.010
Findings and Purpose.
The Council hereby finds as follows:
(1) The public is making increasing use of police alarms, and
the police are therefore being called to respond to such alarms with
increasing frequency.
(2) More than 90% of the alarms received and responded to turn
out to be false.
(3) False alarms not only impose a financial: burden on the Town,
but also, by demanding fast police response, cause substantial risk
both to police personnel and the public.
(4) It is therefore necessary to regulate the use of police alarm
sytems in the Town and to establish service charges to be assessed in
the event of repeated false alarms.
Sec. 34.10.015. Definitions.
The following definitions shall govern the construction of this
chapter unless the context otherwise requires:
(1) Police Alarm System. Any mechanical or electrical device
which is designated or used for the detection or warning of unauthorized
entry into a building, structure, or facility, or for alerting others
of the commission of an unlawful act within a building, structure, or
facility, or both, and which emits a sound or transmits a signal or
message when actuated. Police alarm systems include but are not
limited to direct -dial telephone devices, audible alarms, and pro-
prietor alarms. Devices which are not designated or used to register
alarms perceptible from outside of the protected building, structure,
or facility are excluded from this definition, as are auxiliary devices
installed to protect the telephone system from damage or disruption by
the use of an alarm system.
"(2) Police Emergency. The unauthorized violent breaking, and /or
entering, aamaging or burglary of a building, structure, vehicle, or
other facility, or the commission of a violent act likely to produce
immediate bodily harm, or an attempt or serious threat of any of the
acts described herein.
(3) Premises. Those buildings, structures, vehicles or other
facilities protected by a police alarm system and shall not include
smaller or discrete subdivisions within such buildings, structures or
facilities.
(4) False Alarm. Activation of a police alarm system, to which
personnel o t� o ice department respond, in circumstances where no
police emergency exists; provided, that such activation shall not be
deemed a false alarm if the owner thereof establishes, by a preponderance
of evidence, that the alarm was activated by matters entirely beyond his
control, including but not limited to acts of God or utility failures.
(5) Person. A natural person, firm, partnership, association, or
corporation.
(6) Owner. The person who owns or controls a police alarm system,
including but not limited to a lessee, tenant, or other agent of the
legal owner of the premises wherein the alarm system is installed,
provided that such agent had actual control of and responsibility for
the operation of the premises at the time of any false alarm.
(7) Notice. A written notice, given by personal service, or by
the United States mail, postage prepaid, addressed to the person to be
notified at his last known address. Service of such notice shall be
effective upon the completion of personal service, or upon the placing
of the notice into the custody of the United States Postal Service.
Sec. 34.20.10
Article II. Outside Alarms.
Outside Audible Alarm Requirements.
(1) Notices Required to be Posted. Every person maintaining an
outside au e a arm shali post a notice containing the names and
telephone numbers of the persons to be notified in order to render
repairs and service or secure the premises during any hour of the day
or night in the event that the alarm is actuated. Such notice shall be
posted near the alarm in such a position as to be legible from the
ground level adjacent to the building where the alarm is located. The
wording "Police Alarm - Call Los Gatos Police Department" shall be
placed on the gong covers or immediately below such an alarm device.
(2) Siren Sounds Prohibited. It shall be unlawful to install or
use a police alarm system i upon activation emits a sound similar
to sirens in use on public emergency vehicles or for public disaster
warning purposes.
(3) Timm D�jvi�ces. All local exterior bell, gongs, noise - making de-
vices or pu saw tmg lights shall have a timing device that will silence or
turn off such devices or lights within ten minutes following initial
activation.
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"Sec. 34.40.20
Investigation.
One of the law enforcement officers responding to each alarm as
defined herein shall attempt to ascertain by investigation whether
said alarm was a false alarm as defined in Section 34.10.015(4). If
the investigation indicates to the investigating officer that the
alarm was a false alarm, said officer shall forward a report of this
investigation to the Chief of Police or his designee setting forth
his findings.
Sec. 34.40.25. Notice to Owner.
Upon receipt of the report described above, the Chief of Police
shall cause a written notice to be served upon the owner of the police
alarm system. The notice shall indicate that a false alarm was made
from said premises, and that steps should be taken by the owner to
prevent future false alarms. The notice also shall state that in the
event of a fifth false alarm occurring on the premises within a six -
month period, a service charge shall be assessed against the owner for
every such subsequent false alarm occurring.
Sec. 34.40.30. Notice of Assessment.
In any case where a service charge is required by this chapter, the
Town Clerk shall send the owner a notice of assessment of such charge
containing at least the following information:
(1) The amount of the assessed fee.
(2) The dates, times, and names of police personnel who responded
to each alarm.
(3) The fact that the assessment must be paid within thirty (30)
days of the issuance of the Notice of Assessment as set forth
in Section 30.40.35.
(4) The right of appeal to the Council under Section 34.40.40.
Sec. 34.40.35. Payment.
Within thirty (30) days of the service of the Notice of Assessment
described in Section 34.40.30, the owner of the subject alarm shall
remit to the Town Clerk the full amount of the service charge.
Sec. 34.40.40. Appeals.
Any person who has been assessed a false alarm service charge has
the right to appeal to the Town Council by filing a Notice of Appeal
with the Tom Clerk within fifteen (15) days after service of the
Notice of Assessment. Filing of a Notice of Appeal shall stay an assess-
ment until the appeal has been heard by the Council. The appeal shall be
set for hearing within thirty (30) days from the filing of the Notice of
Appeal. The Town Council may overrule, affirm or modify the decision of
the Chief of Police.
ME
"Article III. Automatic Calls.
Sec. 34.30.10. Automatic Calls Prohibited Without Prior Written Consent.
No person except a public utility engaged in the business of providing
camunications services and facilities shall use or operate, attempt to
use or operate, or cause to be used or operated, or arrange, adjust,
program or otherwise provide or install any device or canbination of
devices that will upon activation either mechanically, electronically
or by other automatic means, initiate an intrastate call and deliver
a recorded message to any telephone number without the prior written
consent of such subscriber.
The term "telephone number" includes any additional numbers assigned
by a public utility company engaged in the business of providing com-
munications services and facilities to be used by means of a rotary
or other system to connect with the subscriber to such primary ntunber
when the primary telephone number is in use.
Sec. 34.30.15. Registration.
Owners of police alarm systems which operate in the manner described
in Section 34.30.10 shall register them with the Chief of Police or
his designee and shall provide the following information:
(1) Name of alarm system owner
(2) Business name, if any
(3) Address where alarm system is located
(4) Billing address
(5) Such other pertinent information as is required by the Chief
of Police.
Article IV. False Alarms.
Sec. 34.40.10. False Alarm Service Charge.
There is hereby imposed a service charge upon every owner who reports,
causes to be or permits to be reported, five or more false alarms within
a six -month period. Said service charge shall be set by the Town Council
by resolution and such charge shall reasonably reflect the costs to the
Town of responding to each such false alarm. A separate charge shall be
imposed for each false alarm beyond four within a six -month period.
Sec. 34.40.15. Exemptions.
The following police alarm systems shall be exempt from this article:
(1) New installations, for thirty days after completion of in-
stallation.
(2) Police alarm systems installed in public schools or public
buildings.
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Sec. 34.40.45. Collection.
If any person fails to pay the charges assessed pursuant to the
provisions of this chapter, the Town may institute an action in any court
of competent jurisdiction to collect any charges which may be due and
payable in the same manner as any other debts owing to the Town.
Article V. Severability.
Sec. 34.50.10. Severability.
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this chapter."
SECTION 2.
This Ordinance takes effect 30 days after the date it is adopted. Within
15 days after this ordinance is adopted, the Town Clerk shall cause it to be pub-
lished once in a newspaper of general circulation published and circulated in the
Town.
This ordinance was introduced at a regular meeting of the Town Council
of the Town of
Los Gatos on
June 21st,
1982
, and adopted by the
following vote
as an ordinance
of the Town of
Los Gatos
at a regular meeting
of the Town Council on July 6th, 1982
AYES: COUNCI MEMBERS Ruth Cannon. Thomas J. Ferrito
MarLyn J. Rasmussen and Mayor Peter W. Siemens
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ATTEST:
COUNCIL
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