Chapter 8.56 - Safety Alarm Systems#
8.56.010 - Short title.#
This chapter shall be known as "the safety alarm systems ordinance."
(Ord. 622B §1(part), 1994)
8.56.020 - Necessity and intent of regulations.#
The city council finds and declares that:
(1) Inadequately regulated alarm systems present a danger to the health, safety and welfare of the residents of Lincoln;
(2) The volume and frequency of false alarms, if not regulated, become hazardous and will adversely impact limited public safety resources;
(3) The unnecessary expenditure of tax dollars through responses to false alarms must be controlled;
(4) Every residence and business property is entitled to safety and protection afforded by public safety services;
(5) The necessity of the provisions and prohibitions contained in this chapter are enacted to promote a sense of security and enhance the quality of life for the residents of Lincoln.
(Ord. 622B §1(part), 1994)
8.56.030 - Definitions.#
For the purposes of this chapter, the terms, words, phrases, and their derivations defined in this chapter shall have the meanings set forth in this section unless it is apparent from the content that a different meaning is intended:
"Alarm agent" means a person employed by an alarm business, either directly or indirectly, whose duties include selling, leasing, altering, installing, maintaining, moving, repairing, replacing, servicing, responding to, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm business to perform any of the duties described herein.
"Alarm business" means any business held by an individual, partnership, corporation or other entity for the purpose of selling, leasing, altering, installing, maintaining, moving, repairing, replacing, servicing, responding to, or monitoring any alarm system in a building, structure or facility.
"Alarm installer" means any person(s) or individual(s) self employed, employed by an alarm business, or do it yourself who installs, causes to install, or connects any alarm system in a building being a business or residence.
"Alarm system" means any mechanical or electrical device which is designed or used for:
(1) Detecting unauthorized entry into any building, structure or facility; or
(2) Signaling the occurrence of an unlawful act upon the premises; or
(3) Detecting a fire, or detect activation, equipment problems, or the malfunction of a fire protection system; or
(4) Detecting a hazardous material leak or system malfunction; or
(5) Signaling the need for medical attention.
For purposes of this chapter, devices operated by the city or devices which are not designed or used to register alarms that are audible, visible, perceptible outside of the protected premise or demand a public safety emergency response are not included within the meaning of "alarm system."
"Alarm user" means any person, firm, partnership, association, corporation or organization of any kind which owns, leases, rents, uses or makes available for use by its agents, employees, representatives or family, any alarm system.
"Applicant" means a person who files an application for a new or renewal permit as provided in this chapter.
"Audible alarm" means an alarm system which generates an audible sound outside the protected premises to alert persons of an unauthorized entry on the premises, the commission of an unlawful act, or the presence of smoke, heat, fire or fire sprinkler flow.
"City" means the city of Lincoln.
"Day" means calendar day, unless specified otherwise.
"Direct dial system" means an alarm system which is connected to a telephone line and, upon activation of an alarm system, automatically transmits a message or signal to the emergency dispatch center, indicating the need for emergency response.
"Director of public safety" means the senior officer in authority serving the public safety needs of the city.
"Emergency dispatch center" means any facilities owned or operated by one or more public agencies where police or fire, or both police and fire, communications are received and dispatched.
"Excessive false alarms" means an activation of an alarm system more than two times through mechanical failure, malfunction, improper installation or maintenance, or negligence of the alarm user when an emergency situation does not exist. A determination as to whether an alarm signal was a false alarm or an actual alarm shall be made by the director of public safety, or designee. "False alarms" shall not include those alarms activated by extraordinary meteorological, atmospheric or other conditions or means, as determined by the director of public safety, or designee.
"Fire operations" means the fire protection division of the city department of public safety which provides fire services.
"Notice" means verbal or written notice, given by personal service upon the addressee, or given by 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 same in the custody of the United States Postal Service.
"Permittee" means any person granted a permit as provided herein, and its agents and representatives.
"Police operations" means the police protection division of the city department of public safety which provides police services.
"Private alarm dispatch center" means a center maintained by an alarm business which receives emergency signals from alarm systems, and thereafter relays the message to the emergency dispatch center.
"Siren" means any audible noise similar to that which must be sounded by an authorized emergency vehicle under conditions set forth in Sections 30, 21055, 27002 of the California Vehicle Code.
Singular or Masculine. Whenever the singular or masculine of a word is used, the same shall be deemed to include the plural, feminine or body corporate as necessary.
(Ord. 622B §1(part), 1994)
8.56.040 - Standards and regulations.#
The director of public safety may prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed within the city.
(1) All devices shall meet or exceed such standard regulations before permits may be issued pursuant to this chapter.
(2) Inspection and approval of all alarm systems installed within the city may be required.
(Ord. 622B §1(part), 1994)
8.56.050 - Exemptions.#
The provisions of this chapter are not applicable to audible alarms affixed to automobiles.
(Ord. 622B §1(part), 1994)
8.56.060 - Alarm system permit required.#
(a) Alarm Users. It is unlawful to install, connect, operate or maintain an alarm system upon any property within the city without completing and submitting an alarm system permit to do so. The permit shall be issued in accordance with the provisions of this chapter.
(b) Alarm Installers. Alarm systems shall not be installed or connected upon any property within the city limits without first performing one of the following acts:
(1) Obtaining a copy of the alarm system permit; or
(2) Obtaining a copy of the alarm permit fee receipt.
(Ord. 622B §1(part), 1994)
8.56.070 - Issuing authority for alarm permits.#
The issuing authority for permits shall be the city finance department or designee.
(Ord. No. 831B, § 1, 1-22-2008; Ord. 622B §1(part), 1994)
8.56.080 - Applications—Forms.#
(a) Applications for all permits required by this chapter shall be filed with the finance department and shall be accompanied by a fee as set out in Section 18.90.040 of the Lincoln Municipal Code. The fee is established to cover part of the cost of investigating and processing the applications and permits and is not refundable. The finance department shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application.
(b) As part of the application, the permittee shall supply the name, address and telephone number of a person who will render services or repairs within 30 minutes of notification, during any hour of the day or night.
(c) The United States government, state of California, county municipal corporations, departments thereof and other governmental entities are exempt from application fees.
(d) The application for an alarm system permit shall contain an agreement, which the applicant must sign before the permit can be issued, whereby the applicant agrees to reimburse the city for costs incurred by the city resulting from excessive numbers of false alarms or chapter violations. The cost recovery shall be accomplished through payments of fines as set out in Section 8.56.170 of this chapter.
(Ord. 622B §1(part), 1994)
8.56.090 - Application—Investigation, denial and appeal.#
The permit application shall be denied by the director of public safety if the alarm system does not comply with standards and regulations adopted pursuant to Section 8.56.040 of this chapter.
(Ord. 622B §1(part), 1994)
8.56.100 - System permit expiration.#
Permits shall expire one year after issuance. Applications for renewals of permits shall be processed in the same manner as applications for the initial permit.
(Ord. No. 831B, § 2, 1-22-2008; Ord. 622B §1(part), 1994)
8.56.110 - Permit display at premises with system.#
(a) The permit shall be kept on the premises where the alarm system is located, and shall be displayed to any member of the Lincoln department of public safety or the finance department upon request.
(b) The permit sticker, which includes the city permit number, shall be posted in such a position as to be visible and legible from the ground level of the building where the alarm system is located.
(Ord. 622B §1(part), 1994)
8.56.120 - Notice of application information change.#
Whenever any change occurs relating to the written information required by Section 8.56.080 of this chapter, the applicant or permittee shall give written notice thereof to the licensing division of the finance department within ten days of such changes.
(Ord. 622B §1(part), 1994)
8.56.130 - Transfer of permit prohibited.#
Alarm permits may not be transferred to another party or location. Permits are valid only for the permittee and address listed on the permit.
(Ord. 622B §1(part), 1994)
8.56.140 - Alarm user instruction required.#
(a) Alarm Business or Alarm Agent. It shall be the responsibility of the alarm installer to instruct the permittee in the requirements of this chapter, the proper use and operation of such device or alarm, whether silent or audible, including specifically all necessary instruction in turning off said alarm. The alarm installer shall advise the permittee that intentionally activating an alarm in the absence of an emergency is a criminal offense under Sections 148.3 and 148.4 of the California Penal Code.
(b) Permittee. After the initial installation, it shall be the responsibility of the permittee to instruct those individuals authorized by the permittee to use the alarm in the proper use and operation of such device or alarm, whether silent or audible, including specifically all necessary instruction in turning off said alarm, and that intentionally activating an alarm in the absence of an emergency is a criminal offense under Section 148.3 and 148.4 of the California Penal Code; however, the permittee, as well as the operator, shall be the responsible party for purposes of violation of this chapter.
(Ord. 622B §1(part), 1994)
8.56.150 - Audible alarm requirements.#
(a) Sirens Prohibited. No alarm system which emits the sound of a siren shall be maintained. This section shall not be construed to prohibit the use of certain electronic horns or howlers that may be approved by the director of public safety, or designee, provided that they do not emit a sound similar to a siren.
Any alarm system which emits the sound of a siren and which is installed and in operation prior to the effective date of the ordinance codified in this chapter shall be disconnected within 30 days after the effective date of the ordinance codified in this chapter. Use, maintenance or installation of such a system is unlawful.
(b) Automatic Reset Required. Any alarm system which is installed or connected on or after the date of the ordinance codified in this chapter becomes effective and which, when activated, generates an audible sound on the exterior of the structure in which the system is maintained, shall have such an automatic reset device, installed and in operation within 30 days after the effective date of the ordinance codified in this chapter, the reset shall activate in no less than 15 minutes.
It is unlawful to use, or cause the installation of, an audible alarm system without the required automatic reset device.
(Ord. 622B §1(part), 1994)
8.56.160 - Silent alarm requirements.#
(a) Direct dial systems are prohibited.
(b) All silent alarm systems shall be connected to a private alarm dispatch center.
(c) An exemption to these provisions may be given by the public safety director.
(Ord. 622B §1(part), 1994)
8.56.170 - False alarm—Prevention payment.#
Any property owner who has an alarm system for the protection of real or personal property or person, or has installed on the property owner's property an alarm system which has caused any signal, message or alarm to be transmitted to the department of public safety either by direct communication from an alarm agent or an alarm business, or by a person responding to an audible alarm, and which is proven to be a false alarm, shall pay a false alarm prevention payment to the city as follows:
(1) The first two false alarms in any consecutive 365-day period, the 365-day period beginning on the date of the first false alarm, shall be considered accidental and no penalty fees charged. The property owner shall be notified in writing by the department of public safety after the occurrence of the first false alarm, advising that excessive false alarms may result in penalty assessments.
(2) The property owner of the alarm system shall be assessed penalty fees for any false alarms above the initial two false alarms in any consecutive 365-day period, as defined in subsection (1) of this section. The permittee shall pay penalty fees to the city in accordance with Section 18.90.040 of the Lincoln Municipal Code.
(3) Failure to promptly pay fines will result in a penalty in the form of late charges. For each 30-day period that a fine is unpaid a $25.00 late charge shall be deemed a civil debt owed to the city.
(Ord. 622B §1(part), 1994)
8.56.180 - Testing or maintenance.#
(a) The permittee shall notify the Lincoln department of public safety dispatch center of any impending service, test or maintenance of the permittee's alarm system which may signal a false alarm. An alarm activated where such prior notice has been given shall not constitute a false alarm. The permittee shall notify the Lincoln department of public safety dispatch center when such testing or maintenance has been completed.
(b) Failure to notify the dispatch center of an impending test and activation of the alarm occurs shall result in penalty fees as if it was the third alarm in a 365-day period.
(Ord. 622B §1(part), 1994)
8.56.190 - Suspension or revocation—Grounds.#
The following shall constitute grounds for a suspension and/or revocation of the alarm permit:
(1) Failure to pay fines and/or late charges imposed as a result of excessive false alarms; or
(2) Failure to comply with standards or regulations adopted pursuant to this chapter; or
(3) Where the applicant or permittee, his employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city agency.
(Ord. 622B §1(part), 1994)
8.56.200 - Suspension and revocation—Procedure.#
(a) A suspension shall precede any revocation. The director of public safety, or designee shall serve the permittee with a written order stating the reasons for a suspension. The order shall be effective immediately upon service. It is unlawful to use any alarm system after service of notice of suspension.
(b) The director of public safety, or designee may reinstate any suspended permit, provided that within 45 days of the suspension, the permittee shall establish to the satisfaction of the director of public safety, or designee that the alarm system will be operated in compliance with this chapter, by complying with the following:
(1) Provide a letter from the alarm business that services the alarm system stating that the alarm system has been completely checked and any mechanical malfunctions have been repaired;
(2) Agree that an agent of the permittee, or, if the alarm is residential, a responsible key holding party, shall respond to the alarm site within 30 minutes of notification, each time the alarm is activated;
(3) Review correct alarm setting procedures with every employee or other person who may be responsible for user error alarm activations;
(4) Pay in full all outstanding excessive alarm fines; and,
(5) Other reasonable procedures as may be established by the director of public safety.
(c) Any suspended permit which is not reinstated within 45 days, shall automatically be deemed revoked. No revoked permit shall be reissued until six months after the revocation, at which time a new application shall be filed pursuant to Section 8.56.080 of this chapter.
(d) The decision of the director of public safety to suspend a permit or the refusal of the director of public safety to reinstate a permit may be appealed in writing to the city manager. The appeal shall be made in writing within 15 calendar days of decision and shall require the payment of a fee as set by Section 18.90.040. The 45-day period for suspended permits shall run during the pendency of any such appeal.
(Ord. 622B §1(part), 1994)
8.56.210 - Surrender of permit.#
If any permit is revoked pursuant to this chapter, permittee shall surrender the permit and permit sticker to the licensing division of the finance department.
(Ord. 622B §1(part), 1994)