Ordinance 953 ~I;~ANCE ~0. 953 • 13, :Ioverroer, 1979 -
AN OROINAtICE OF THE CITY OF CUPERTIP~O ADDING
A NEW CHAPTER 10.25, TO THE CUPERTINO MUyICIPAi.
CODE, REGULr1TIVG THE IPISTALLATION. OPERATION
• ANO'MISUSE ~E ?OLICE AL;aRM SYSTEMS AP~D OE'IICcS,
. AYD IMPOSIYG A.SERVI~E CHARGc FOR THE MISUSE THEREOF.
THE CITY COUNCIL OF THE CITY OF CUP.ERTINO OOES OROAIN AS FOLLONS:
Chapter 10.26 is hereby added to the Cupertino MuM cipal.,Code
to read as foilows:
' Chapter T0.26 ~
REGULATION OF POLICE ALARM SYSTEMS AND OEVICES
Sections• ~ ~
, .
10.26.010 Purpose -
10.Z6.020 Oefinitions
10.~6.030 OeTeted
10.26.040 Outside Audible Alarm Requirements.
10.26.050 Automatic teTephane connections to coirrnuni,cations center
prohi bi ted. -
10.26.060 Exemptions.
10.26.070 Investigation oP False Alarms. _ -
10.26.080 Notice to Owner or Operator. „ -
10.26.090 False Alarm 5ervice Charge.
10.26.100 Assessment of Service Charge. '
10.26.110 Payment and Hearing. „
10.26.120 Hearing procedure.
10.26.130 Failure to Request Hearing.
10.26.140 Collection af Changes.
10.26.150 Reimbursement for 4lillful Conduct.
10.26.160 Separabitfty.
10.26.170 Violation: Penalty. - -
10.26.180 Review for Effectiveness.
10.26.010 Puraose. 7he purpose of this ordinance is to set forth
requlatians governing Police alarm systems and devices used within the City
of Cupertino, aod to establish service charges to be assessed in the event
of repeated false alarms. The cost to the City and the risk to police
persunnet incurred by providing proper police response-to all such,alarms
is found to be a significant burden which must be remedied by appropriate
measures. ~
10.26.020 Definitions. For the purpose of this ordinance, certain
words and phrases•snall be construed herein as set forth in this sectfon.
unless it is apparent from the co~text that a different meaning is i~tended.
A. Citv. City means City of Cupertino. _ .
B. Fals2 Alarm.~ls2 aiarm means a potice ala~ystem activated
througn unexcused inadvertance, negligence, or malfunction of any se9ment -
of the alarm syst~rn, :o ~Nhich personnel of the police service serving the
City of Cupertino must respond, in circumstances where no police ~nergency ~
as herein defined exists.
C. Notice. Notice means r~rftten notice, given by personal service to the
addresse~ or given by the United States mail, pastage prepaid. addressed ~
to the persan to be•notified at his last known address. Service of such '
notice shaTl be effective upon the wmpletion af personal service, or
~ upan the placing of said notice into the custody of the United States t
Postal Service. ~ ` •
D. Premfses. Premises shall be those buildings, structures, vehicles or
other faci ities to be protected by a police alarm system and shall not '
include smaller or discrete subdivisions within such buildings, structures
or facilities.
~ E. Person. Person means natural person, firm, partnership, assecia N on,
ar corporation.
F. Police Atarm Svstem. Police alarm system means any mechanical or
electrical device which is designated or used for the detection or warning
or unauthorized entry into a building, structure, or faciiity, or for
alerting others of the cortmissian of an unlawEul act within a building.
structure, or facility, or both, and whlch ~nits a sound or transmits a
signal ar message when actuated. Alarm Systems include but are not limited
to direct-d1a1 telephone devices, audible ala?ms. and proprietor atarsns.
Devices which are not Cesignated or used to register alarns perceptible
fram outside of the protected building. structure, or facility are excluded
from this definitfon, as are auxiTiary devices installed to protect the
telephone system from damage or disruption by the use of an ala rtn system.
G. Police Emeraencv. Police emergency means the unauthorized violent
breaking, and/or entering, damaqing or burglary of a buiTding, structure,
vehicle, or other facility, or the comnission of a violent act 1lkely to
produce immediate badily harm, or an attempt or serious threat of any of
the acts described herein.
H. L~vner. Owner means the person actually responsibTe for the operation
and maintenance of the police alarnr system.
I. Resoonsible Occuoant. The responsible accupant includes but is not
Timited to easees. tenants, or ather agents of the legal owner of the
premises aherein the alarm system is installed, provided that such aqents
had actual control of and responsibility for the operation of the premises
at the time of any false aiarm.
10.26.030 Deleted in enti~ety.
10.26.040 Outsid? Audibie Aiarm Requirements. Every person ma1n-
taining an outside audible alarm shatl post a notice containing the names
and telephone numbers of the persons to be notified in order to render
repairs and service ar secure the premises d~ring any hour of the day or
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nishC in the event th~~ he alar~ is actua[ed. Such n ce shall be posted
near the alarm in suc}1~posit3on as to be legible fro~e ground level
adjacent to the building where the alarm is lucated. The wording police '
alarm - call Santa Clara County Sheriff's Department: shall be placed on
the gong covers immediately below auch alarm device. It shnll be un-
lamful to install or use a police alatm system which upon activation emits
a souad similur to sirens in use on public emergency vehicles or for public
disaster warning purposes. All local exterior bell, gongs, noise making
, devices or pulsating lights ahall have a timing device that will silence
or turn off such divices or lights within 10 minutea following initial
. activatioa.
10.260.050 Automatic Telephone connectiona to communications center
prohibitad. IC ahall ba unlawful for any peraon to uae, cause to ba used,
or engage in the buainese of providing, any [elephone device br attachment
which automatically selects a pnblic primarv telephone trunk line of the
i Santa Clara County communicationa center. and ehen emits:a prerecorded meesage
for the purpose or reporting any police emergency, fire, or other emergency.
10.26.060 Exemptions. The proviaions of this chapter, with the
exception of Sectioa 10.45.050, shall not apply to alarm systems affized
co motor vehiclea. Thare ahall be a 30-day exemption for new alarm syatem
installations. Thoae falae alarms evidanced to be caused by acts of God
shall be exempt. Alarm systeme installed in public schools shall be exempt.
10.26.070 Investigation of False Alatms. One of the law enforcement
officera responding to each emergeacy alarm as defined herein shall attempt
to ascertain by investigation vhether said alarm was activated with reasonable
cause therefore or was a"false alarm" within the meani~g of Section 10.26.020
above. In the event that his investigation indicates to the investigating
officer that the alarm vas a false alarm, said officar shall forvazd a report
of thia investigatioa to the Code Enforcement Officer of the City of Cupertino
or such other parson as mag be desigaated by the City Manager, stating hia
conclusiona and the factual basis for such concluaiona.
10.26.080 Notice to Ovner or Operator. Upon receipt of the report described
in Sect on a ove, t e o e n orcement Officer or other authorized
person may cause a written notice to be served by mail or personally upon the
responsible occupaut of the pretaisea on which the alarm Was located. Said notice
shall indicate that a false alarm was made from said premises, and [hat steps
ahould be taken by the ovner to prevent future false alarms. Said notice also
shall state that in the event of a 3rd falae alarm occurring on the premises in
the same calendar year as the first. a service charge shall be assesaed against
owner for every such subsequent false alarm occurring within that calendar year.
In the event that the mmer of the alarm system is not also the respoasible
occupant of the premises wherein auch alarm system is installed._thea_the
responsible ~7ccupant shall, upon receipt of notice i~ediately:.;
1. Inform the owner of the alarm syatem and cause the notice
co be delivered to the owner, and
_3- _ .
Z. ?~otify th~ode anf~rcement or'icer of t~dentity of the .
ewner oi the alar,n and that the notice has been delivered ~
to the o~~vner.
In the event of failure of the resaonsible occupant, when not the owner.
to camply with the abave notification procedure, then the responsible
occupant shall bear the responsibility of the owner or the alarm as ,
provided in this ordinance. ,
10.26.090 Faise Alarm Service Charce. There is hereby imposed a ~
service charqe upon every owner who reports, causes to be or permits to be
reported~ a false aiarm as defined in this chapter. Said service charge
shall be in an amount fixed by the City Manager which is determined
reasonably to refTect the costs to City of responding tn each~ such fatse
atarm. Said charges shall bear interest at the leqal rate from the date
thirty days follcwing confirmation by the City Council.
10.26.100 Assessment of Service Charae. The City Manager is hereby
i empowered and authorized to designate such person or persons who shall
enforce t6e provisions of this chapter. Upan receipt by said enforcement
officer of a report of a faise alarm originating from premises to which
was sent a notice as descri6ed in Section 10.26.080 above, he shali cause
to be served a notice of assessment of the above-described service charge,
which notice shali describe the da*.e and time of the ~Tleqed fals2 alarm,
and whether police personnel respanded thereto. Said natice shall further
request payment of said service charge within *.hirty (30) days following
receipt. and shali indicate the existence and terms of the hearinq provisions
contained in this chapter.
10.25.110 P3yment and Nearina. On or before thirty (30) days following
issuance of the nntice and assessment described in Section 10.26.100, the
recipient of such notice shall cause to be re~nitted to the Office of tfie
City Treasurer the full amount of such service charqe. Any such persan
dissatisfied Nith the assessment may attach to such payment a written
request for a hearing regarding the investigation~ determination, and
assessment of said service charqe.
10.26.120 Hearin Procedure. Upon receipt of a request far a hearing
the C t~ Treasurer sha 1 forward such request to the Offfce of the City
Manager. The City Manager or such other person or body as the City Council
may designate, shall schedule such a hearing to be held on a date not more
than fifteen (15) days from receipt of the request. arid shail cause notice
af the hearing date, place and time to be maited to the person requesting
said hearinq. At the hearing, evidence shall be heard informally, and
written findings of fact shall be made by the hearing body. Said findings,
together with a recortmendation that said service charge assessment be
either set aside or conflrmed, shall be forwarded to the City Council. The
City CounciT shall hold a hearing Nith respect there*.o, and, upon considera-
tian of safd findings, recomnendation, and such other evidence as it deans
relevant, shail set aside or confirm said assessment, in whale or in part.
The person requesting the hearing shall be inforned by mailed notice of
all hearing dates, places and times, and shall be af`~rded an opoortunity
to offer testimony in his behalf at each. In the event that any portion-
of said assessment is set aside, a corresponding sum of money shall be
refunded to the persan by whom it was paid to the City. .
-4-
~ ~
10.25.130 Failure :a ReQUest Hearinv. In the event that any person
to whom a nottce as described in Section 10.26.110 was mailed shatl fail
either to remit the full amount af said service charqe or to request a
hearing on such matter within the time allowed, the hearing body shall make
, such findings and recortmendation as it is warrant2d by the evidence.
' 10.26.140 Collection of Chanaes. In the event of the failure of any
. person to pay Lhe charges assessed pursuant to the provisions of this
~ ordinance, the City may institute an action in any court af competent
,I ,~urisdiction to collect any charges which may be due and payable in the
same manner as any other debts awing to the City may be collected.
10.26.150 Reimburse~nent for ~illful Conduct. In the event that
any owner or ather person shall be convicted of intentionally reporting a
false emergency alarm, as prescribed by Penal Code 5148.4, the enforcement
officer designated by the City Manager is hereby authorfized to for,~ard to
the office of the District Attorney, Probation ~epartments, or Court having
jurisdiction, a record of proceedinqs conducted pursuant to this chapter,
includinq a statement of any delinquent service charges assessed, for the
purpose of obtaining restitution of said amounts Lo City as an element of
any criminal penalty thereby impased.
10.25.160 Seoarabilitv. If any section, subsection, sentence, .
clause, or phrase of this ordinance is for any reason held to be invalid
or unconsti*_utional 6y the decisian of any court of competent ,~urisdictian,
then such decision shall not efrect the vatidity of the remafning portions
of this ordinance.
10.26.170 W olation: Penaitv. Violation of any of the provisions
of this Chapter is hereby deemed an infraction punishable as provided in
Chapter 1.12
10.26.180 Reviev for Effectivenese. This Ordinance shall expire 30
aonths after ita enactment. Council shall review in 24-30 months [he effectivenesa
of [his ordinance for posaible reenact~nt.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino,
this 19th day of November , 1979, and IIJACTED this 4th . day of
December , 1979, at a regular meetiag of the City Council by the follawing vote:
Vote Members of the City Council
. AYES: Jackaon, 0'Keefe, Rogera, Sparka, Meyera
NOES: None
ABSENT: None
AI3STAIN: None
ATTEST: APPROVED:
~W
City Clerk Mayor, City of Cup ino