Ord 2182 - Police AlarmsORDINANCE 2182
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE CHAPTER 14, ARTICLE V,
SECTIONS 12.50.010 THROUGH AND INCLUDING 14.050.240
REGARDING POLICE ALARMS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Sections 12.50.010 through and including 14.050.240 of Article V of Chapter 14 of the Los
Gatos Town Code are hereby repealed in their entirety and replaced with the following:
Sec. 14.50.010. Findings and purpose.
The Town 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 increasilg
frequency.
(2) More than ninety (90) percent of the alarms received and responded to
hrrn 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 systems in the Town
and to establish service charges to be assessed in the event of repeated false alarms.
Sec. 14.50.015. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meanuig:
Alarm Permit. Documentation that a commercial establishment has filed the appropriate form
and paid applicable fees to the Town of Los Gatos to operate an alarm system at a specified location.
Alarm permits are non-transferable.
Calendar Yeas°. January 1 through December 31 of the current year.
False alari~~. Activation of a police alarm system, to which personnel of the Police 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 the owner's control, including but not limited to acts of God or
utility failures.
Notice. A written notice, given by personal service, or by the United States mail, postage
prepaid, addressed to the person to be notified at the person's 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.
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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 czny false alarm.
Police alarm. systet~~, 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 activated. Police alarm systems include but are not limited
to direct-dial telephone devices, audible alattns, and proprietor alarms. Devices which are not designated
or used to register alarms perceptible from outside of the protected building, sttlicture, or facility are
excluded from this definition, as are auxiliary devices uistalled to protect the telephone system from
damage or disruption by the use of an alarm system.
Police emergency. The unauthorized violent breaking, and/or entering, damaging 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.
Premises. Those buildings, sh•ttctures, vehicles or other facilities protected by a police alarm
system and shall not include smaller or discrete subdivisions within such buildings, structures or
facilities.
DIVISION 2. OUTSIDE ALARMS
Sec. 14.50.080. Requirements.
(a) Notices required to be posted. Every person maintaining an outside audible alarm shall
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 if the alarm is
activated. 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/Monte Sereno Police Department" shall be placed in a visible location next to the alarm device.
(b) Siren sounds prohibited. It shall be unlawful for any person to install or use a police alarm
system which upon activation emits a sound similar to sirens in use on public emergency vehicles or for
public disaster warning purposes.
(c) Timing devices, All local exterior bells, gongs, noise-making devices or pulsating lights
shall have a timing device that will silence or turn off such devices or lights within ten (10) minutes
following initial activation.
Sec. 14.5 0.0 8 5 . Investigation.
One (1) of the law, enforcement officers responding to each alarm shall attempt to ascertain by
investigation whether such alarm was a false alarm. If the investigation indicates to the investigating
officer that the alarm was a false alarm, the officer shall forward a report of this investigation to the Chief
of Police or designee setting forth the findings.
Sec. 14.50.090. Notice to owner and review.
(a) Upon receipt of the report of a false alarm, the Chief of Police or designee shall review the
report and may overrule, affirm, or modify the findings of the officer as can be determined from the
facts and this article. If the Chief or designee determines that a false alarm occurred as defined by this
article, the Chief will cause a written notice to be served upon the owner of the alarm system. The
notice will state the following:
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(1) A false alarm was apparently made from the described property and the
circumstance involved in the false alarm; and
(2) The suggested steps that should be taken to prevent fuhire false alarms; and
(3) A warning that if two (2) or more false alarms occur on the premises within a six month
period within a calendar year, an escalating service charge may be assessed by the Town against the
owner; and
(4) A statement that the owner may file a written response to the notice with the Chief within
thirty (30) days of the date of the notice for the Chief or designee to consider in mitigation of the
determination that a false alarm occurred, and a warning that the filing of a response is a necessary
prerequisite to any current or firture contention that the alarm was not false in either a judicial or
adminish•ative proceeding; and
(5) If the false alarm will subject the owner to an assessment pursuant to section
14.50.225, a statement of the charge to be assessed and the basis for the charge.
(b) The owner may respond in writing to the notice from the Chief within thirty (30) days of the
notice. If such a response is filed, the Chief or designee will review the response and may conduct
additional investigation as appropriate to determine whether a false alarm as defined in this article
occurred. The determination of the Chief or designee following such a review shall be final, unless the
determination of a false alarm would subject the owner to a false alarm assessment under section
14.50.225 because it would be the third or more false alarm within asix-month period within a calendar
year, in which case, the appeal rights under 14.50.105 apply. If no response, or appeal if applicable, is
timely filed, the original determination shall be final.
Sec. 14.50.095. Notice of right to appeal.
In any case ~~~here the false alarm will subject the owner to an assessment pursuant to section
14.50.225, the written decision of the Chief of Police will state that the owner may appeal the decision
to the Town Manager by filing a notice of appeal with the Town Manager pursuant to section 14.50.100,
and a warning that the filing of an appeal is a necessary prerequisite to any current or future contention
that the alarm was not false in either a judicial or admuiishative proceeding.
Sec. 14.50.100. Appeals.
Any person who has filed a response to the Chief of Police and has received an adverse decision
regarding a second or more false alarm within asix-month period within a calendar year or a notice of a
"no response status" pursuant to section 14.50.110 may appeal by filing a written notice of appeal with
the Town Manager within fifteen (15) days after service of the notice of Chiefs decision. The written
notice of appeal shall specify the grounds for the appeal, and the stated grounds shall constitute the scope
of review for the appeal. Filing of a notice of appeal shall stay an assessment until the appea111as been
heard by the Town Manager. The appeal shall be set for hearing within thirty (30) days from the filing of
the notice of appeal.
The Town Manager may overrule, affirm, or modify the decision of the Chief of Police
regarding the false alarm or assessment amount, and the decision of the Town Manager shall be final and
conclusive.
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Sec. 14.50.105. Payment.
Within thirty (30) days of the service of the notice of assessment described in section
14.50.095, the owner of the subject alarm shall remit to the Tax and License Collector the full amount
of the service charge.
Sec. 14.50.110, No response status.
After the police department has recorded more than five (5) false alarms within the calendar year,
and after the responsible party of the location has been notified by first class mail that false alarms have
occurred, the Chief of Police may authorize that the site be placed on a "no response status." The effective
date of any no response status shall be twenty (20) days from the date of the notification, subject to an
appeal filed pursuant to section 14.50.100. Once established, a no response status shall remain in effect
until the Chief of Police is satisfied that adequate measures have been taken to eliminate the occurrence of
false alarms, in which event the no response stahis shall be provisionally stayed for a maximum period of
twelve (12) months. The occurrence of any additional false alarms duririg that provisional stay shall result
in an immediate and non appealable reinstatement of the no response status. When completed, without
additional false alarms, the provisional stay shall terminate. A responsible party whose alarm system has
been placed on no response status may appeal that decision as prescribed in section 14.50.100.
DIVISION 3. AUTOMATIC CALLS
Sec. 14.50.160. Prohibited without prior written consent.
(a) No person, except a public utility engaged in the business of providing communications
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 combination 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.
(b) The term telephone number includes any additional numbers assigned by a public utility
company engaged in the business of providing communications services and facilities to be used by
means of a rotary or other system to comiect with the subscriber to such primary number when the
primary telephone number is in use.
Sec. 14.50.165. Registration.
Owners of police alarm systems which operate in the manner described in section
14.50.160 shall register them with the Chief of Police or 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) Alternate responsible parties
(6) Such other pertinent information as is required by the Chief of Police.
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DIVISION 4. FALSE ALARMS
Sec. 14.50.225. Service Charge
There is hereby imposed a service charge upon every owner who reports, causes to be, or permits
to be reported two (2) or more false alarms within asix-month period within a calendar year. Such
service charge shall be set by the Town Council by resolution. A separate charge shall be imposed for each
false alarm beyond two (2) within a six-month period within a calendar year
See. 14.50.230. Exemptions.
For thirty (30) days after completion of an installation, new installations shall be exempt from
this division.
Sec. 14.50.235. Collection.
If any person fails to pay the charges assessed pursuant to the provisions of this article, 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 and placed on a "no
response status" until all past due debts are received.
DIVISION 5. ALARM PERMIT REQUIREMENT
Sec. 14.050.240 Alarm Permit Process
(a) Permits. No commercial building owner or operator shall operate or cause to be
operated any alarm system within the Town of Los Gatos without a permit. Alarm system permits
are not transferable.
(b) Exemptions. The provisions of this chapter are not applicable to residential alarms, motor
vehicles or facilities of the Town of Los Gatos.
(c) Obtaining alarm system permits and renewal. Application for an alarm system permit and
renewal required under this chapter shall be made by the Chief of Police on forms provided by the Police
Department, along with the payment of an alarm system permit fee. Permit fees are collected at the time
of application and will not be pro-rated. The alarm system permit must be renewed amiually by the last
business day in December for the next calendar year. Such permit and renewal fees shall be established
by Council Resolution.
(d) Contents of the form. The completed form for an alarm system permit or renewal form shall
state the name, address and telephone number of the applicant, the address and telephone number of the
applicant's property serviced by any alarm system, as well as the name and address of at least three
responsible parties who can render service to the alarm system at any Hour of the day or night and such
other information as the Chief of Police may deem appropriate.
(e) Permit display at alarm site. Alarm system permits issued pursuant to this chapter shall be
kept at the alarm site. No person shall use an alarm system in the Town of Los Gatos without posting the
alarm system permit in a visible location or be able to be produced to any Town official upon request.
(f) Penalty. If the Police Department responds to an alarm at any business operating in the
Town of Los Gatos without a permit pursuant to Section 14.050.240 (a) such business shall be charged
double the armual permit fee. This fee is payable within 30 days to the Town of Los Gatos. If the alarm
additionally was determined to be false, the business shall also incur orre false alarm violation pursuant
to Section 14.050.225.
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(g) Any alarm business registered with the Police Department shall immediately report in
writing to the Police Chief any change in the address or ownership of the business, name of the
business, address of the manager of operations or responsible party list.
SECTION II
In the event that airy part of this ordinance is held to he invalid, the invalid part or parts
shall be severed fiom the remaining portions which shall l~main in fill force and egect.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on October 19, 2009 and adopted by the following vote as an ordinance of the Town of Los Gatos
at a regular meeting of the Town Council of the Town of Los Gatos on November 2, 2009 This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
r
O
CL ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS ATOS, CALIFORNIA
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