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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

For the purpose of this division, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended.

(1) County. "County" means the County of Santa Clara.

(2) False alarm. A "false alarm" means a police alarm system activated through unexcused inadvertence, negligence or malfunction of any segment of the alarm system where a police emergency situation does not exist and where an alarm report is received by the Sheriffs Department from any source which results in a response to the premises on which the alarm system is located.

(3) False alarm period. "False alarm period" means the one-year period which commences with the date of the first false alarm. Succeeding false alarm periods shall begin on the anniversary date of the first alarm period.

(4) Notice. "Notice" means written notice, given by personal service to the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his/her last-known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of said notice into the custody of the United States Postal Service.

(5) Premises. "Premises" shall be those buildings, structures, vehicles or other facilities to be protected by a police alarm system and shall not include smaller or discrete subdivisions within such buildings, structures or facilities.

(6) Person. "Person" means natural person, firm, partnership, association or corporation.

(7) Police alarm system. "Police alarm system" means 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 transmits a signal or message to the County Communications Center when actuated. Alarm systems include but are not limited to automatic dialing devices, hard line alarms and commercial alarm services.

(8) Police emergency. "Police emergency" means 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.

(9) Owner. "Owner" means the person actually responsible for the operation and maintenance of the police alarm system.

(10) Hard line. The phrase "hard line" means a telephone or other line leading directly from the premises protected by a police alarm system or from a commercial alarm service to the County Communications Center, where said line is used solely to report the existence of a police emergency. Hard line includes but is not limited to Ademco alarm systems.

(11) Commercial alarm service. The phrase "commercial alarm service" means a business providing among its services the receiving on a continuous basis of emergency signals from a police alarm system, and the subsequent immediate relaying of said messages to the County Communications Center.

(12) Automatic dialing devices. The phrase "automatic dialing devices" means an alarm system which automatically sends over regular telephone lines, by either direct connection or otherwise, a prerecorded message indicating the existence of a police emergency that the alarm system is designed to detect.

(13) County Communications Center. The phrase "County Communications Center" means the office of the County responsible for receiving signals and messages from police alarm systems and dispatching assistance to the location of such signals.

(Ord. No. NS-632.2, § 1, 5-26-81; Ord. No. NS-632.3, § 1, 2-28-84)

CHAPTER II.
REGISTRATION OF POLICE ALARM SYSTEMS

Sec. B21-2. Purpose.

The purpose of this chapter is to set forth regulations governing the use of police alarm systems and devices within the County of Santa Clara.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 2, 2-28-84)

Sec. B21-3. Registration of police alarm systems.

No person 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 police alarm systems that will upon activation, through an automatic dialing device or hard line alarm system, initiate and deliver a police emergency signal to the County Communications Center without prior registration of the alarm system with the County.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 2, 2-28-84)

Sec. B21-4. Registration information.

Owners of police alarm systems shall register them with the County Executive or such other person as may be designated by the County Executive 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) Other pertinent information as required.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 2, 2-28-84)

Sec. B21-5. Annual fee.

There is hereby imposed an annual fee upon the owner for police alarm systems which upon activation will initiate and deliver a police emergency signal to the County Communications Center. Said fees shall be set by the Board of Supervisors by resolution, and such fees shall reasonably reflect the costs to the County of providing such service.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 2, 2-28-84)

Sec. B21-6. Assessment of fee.

The County Executive is empowered and authorized to enforce the provisions of this chapter. The County Executive or such other person as may be designated by the County Executive shall adopt procedures for the assessment and collection of such fees.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 2, 2-28-84)

Sec. B21-7. Collection of fees.

In the event of the failure of any person to pay the fees assessed pursuant to the provisions of this chapter, the County may institute an action in any court of competent jurisdiction to collect any fees which may be due and payable in the same manner as any other debt owing to the County may be collected.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 2, 2-28-84)

Sec. B21-8. Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 2, 2-28-84)

Sec. B21-9. Violation.

Violation of this [division] is an infraction.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 2, 2-28-84)

CHAPTER III.
REGULATIONS FOR POLICE ALARM SYSTEMS

Sec. B21-10. Purpose.

The purpose of this chapter is to set forth regulations governing alarm systems and devices used within the unincorporated areas of Santa Clara County and to establish service charges to be assessed in the event of repeated false alarms. The cost to the County and the risk to law enforcement personnel incurred by responding to all such alarms are found to be a significant burden which must be remedied by appropriate measures.

(Ord. No. NS-632.2, § 3, 5-26-81; Ord. No. NS-632.3, § 3, 2-28-84)

Sec. B21-11. Exemptions.

There shall be a 30-day exemption for new alarm system installations. Those false alarms evidenced to be caused by acts of God shall be exempt. Alarm systems installed in public schools or public buildings shall be exempt.

(Ord. No. NS-632.2, § 3, 5-26-81; Ord. No. NS-632.3, § 3, 2-28-84)

Sec. B21-12. Investigation of false alarms.

One of the law enforcement officers responding to each emergency alarm as defined herein shall attempt to ascertain by investigation whether said alarm was activated with reasonable cause therefor or was a "false alarm." In the event that 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 County Executive or such other person as may be designated by the County Executive, stating the conclusions and the factual basis for such conclusions.

(Ord. No. NS-632.2, § 3, 5-26-81; Ord. No. NS-632.3, § 3, 2-28-84)

Sec. B21-13. Notice to owner.

Upon receipt of the report described above, the County Executive or other authorized person may cause a written notice to be served by mail or personally upon the owner of the police alarm system. Said 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. Such notice shall also state that a service charge shall be assessed against the owner for each subsequent false alarm occurring within the one-year false alarm period.

(Ord. No. NS-632, § 3, 5-26-81; Ord. No. NS-632.3, § 3, 2-28-84)

Sec. B21-14. False alarm service charge.

There is hereby imposed a service charge upon every owner who reports, causes to be or permits to be reported a false alarm which is responded to by the Sheriff's office. Said service charge shall be set by the Board of Supervisors by resolution, and such charge shall reasonably reflect the costs to the County of responding to each such false alarm.

(Ord. No. NS-632.2, § 3, 5-26-81; Ord. No. NS-632.3, § 3, 2-28-84)

Sec. B21-15. Assessment of service charge.

The County Executive is empowered and authorized to enforce the provisions of this chapter. Upon receipt by said person of a report of a false alarm originating from premises to which was sent a notice as described above, he shall cause to be served a notice of assessment of the above-described service charge, which notice shall describe the date and time of the alleged false alarm, and whether police personnel responded thereto.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 3, 2-28-84)

Sec. B21-16. Collection of charges.

In the event of the failure of any person to pay the charges assessed pursuant to the provisions of this chapter, the County 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 County may be collected.

(Ord. No. NS-632.2, § 2, 5-26-81; Ord. No. NS-632.3, § 3, 2-28-84)

Sec. B21-17. Severability.

(Ord. No. NS-632.2, § 2, 5-16-81; Ord. No. NS-632.3, § 3, 2-28-84)