For the purpose of this chapter certain words and phrases shall
be construed as set forth in this section unless it is apparent from
the context that a different meaning is intended:
means any person employed by an alarm business whose duties
include the altering, installing, maintaining, moving, repairing,
replacing, selling, servicing, responding to (excluding public safety
officers), or causing others to respond to an alarm system, in or
on any building, structure or facility.
means the business carried on by any individual, partnership,
corporation or other entity of selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing any alarm system
or causing to be sold, leased, maintained, serviced, repaired, altered,
replaced, moved or installed any alarm system in or on any building,
structure or facility.
means any mechanical or electrical device which is designed
or used for the detection of intrusion into a building, structure
or facility or for alerting others of an event within a facility,
or both, which event causes a local audible alarm or transmission
of a signal or message. Alarm systems include, but are not limited
to, audible alarms and proprietary alarms. Devices which are not designed
or used to evoke a police response, or used to register alarms that
are intended to be audible, visible or perceptible outside of the
protected building, structure or facility are not included within
this definition, nor are auxiliary devices installed by a telephone
company to protect its systems which might be damaged or disrupted
by the use of an alarm system.
means a person who presents an appeal pursuant to this chapter.
means a person, firm or corporation, who files an application
for a permit as provided in this chapter.
means a device designed for the detection of an intrusion
on premises, which generates an audible sound which can be heard off
the premises when it is actuated.
means the City of Claremont.
means a calendar day.
means the activation of an alarm system through mechanical
failure, accidental tripping, misoperation, malfunction, misuse or
the neglect of the owner or lessee of an alarm system, or his or her
employees or agents. Upon failure of the police department to find
any evidence of intrusion, fire or other need or cause for activating
an alarm system, a conclusive presumption of false alarm will be made.
False alarm shall not include alarms caused by earthquakes, violent
winds, malfunction of telephone line circuits, or external causes
beyond the control of the owner or lessee of the alarm system.
means a person, firm, corporation, association, partnership,
individual, organization or company.
means an alarm which is not regularly serviced by an alarm
business.
(78-43)
No person shall possess, install or use an alarm system without
first applying for and receiving an alarm permit in accordance with
the provisions of this chapter.
(78-43)
Applications for an alarm permit shall be filed with the Chief
of Police on forms provided by the City and the applicant shall at
that time pay the appropriate fee which may be established by resolution
of the City Council. The application shall be signed and verified
by the applicant and shall contain such information as may be deemed
necessary by the Chief of Police. Permits provided for in this chapter
shall be issued by the Chief of Police, and shall be nontransferable.
Any permit issued under this chapter shall be valid for five years.
(78-43)
Upon receiving an application from any person for an alarm permit,
the Chief of Police shall cause an investigation to be made of the
system to be installed to determine if the system complies with the
requirements of this chapter. If the proposed system complies with
this chapter, the Chief of Police shall cause a permit to be issued.
An alarm permittee may be allowed a direct connection to the alarm
board in the Claremont police department, provided facilities are
available for direct connection. The City Council may, by resolution,
establish a direct connection fee which shall be paid on or before
July 1st of each year by each alarm permit holder whose system directly
connects to the Claremont police department. This section shall not
be construed to permit telephonic alarm systems.
(78-43)
If at any time it shall come to the attention of the Chief of Police that the holder of a permit issued under this chapter has violated any provisions of this chapter, rules or regulations made pursuant to this chapter, including, but not limited to, false alarms which exceed the number established by resolution of the City Council, or by refusing to pay the false alarm prevention payment as provided pursuant to Section 9.35.016, the Chief of Police may suspend the permit.
If an alarm permit is suspended, the notice of suspension shall
be deemed served when personally served upon the permittee or deposited
in the United States Postal Service by registered mail. Upon failure
of the permittee within ten days after service of the notice of suspension
to cause the alarm system to be repaired, to be properly used and
operated, and to pay any delinquent false alarm prevention payment,
or to present an appeal to the appeals board, the permit shall be
revoked. The effective date of the revocation of an alarm permit shall
be ten days after service of the notice of suspension or the date
of the appeals board action affirming revocation, whichever is later.
If the alarm permit is revoked, the alarm system may not thereafter
be used until a new permit is issued.
(78-43)
There is created an appeals board within the police department
of the City. The members of the board shall be appointed by the Chief
of Police, and there shall be three members.
In the event a permit is suspended as provided in Section 9.35.014 of this chapter, the permittee may present an appeal to the appeals board by filing a notice of appeal with the clerk of the board setting forth the facts and circumstances regarding the appeal. Said notice of appeal shall be filed not later than ten days after service of a notice of suspension as provided in Section 9.35.014 of this chapter.
The appeals board shall consider the appeal not later than fifteen
days from the date on which such appeal is filed with the clerk of
the board. The board shall hear all relevant evidence and shall determine
the merits of the appeal. The board may affirm, overrule or modify
the decision of the Chief of Police.
(78-43)
When emergency messages, signals or notices are received by
the police department that evidence a failure to obtain a permit or
comply with any other requirement under this chapter, the Chief of
Police is authorized to demand that the owner or lessee of the alarm
system initiating such message, signal or notice, or his or her representative,
disconnect the alarm system until it is made to comply with said requirements.
Any person who maintains or has an alarm which has caused any
signal, message or alarm to be transmitted to the police department,
either by direct telephone or other direct communication, or by 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 established by
resolution of the City Council.
An alarm permit may be suspended or revoked as provided in Section 9.35.014, in addition to the payment of the prevention payment as provided in this section.
(78-43)
All alarm systems and appurtenant equipment installed within
the City shall meet or exceed the workmanlike standards of the industry
and those standards which may hereafter be established by the City.
The City reserves the right to inspect all systems installed within
the City.
(78-43)
In addition to the information required in Section 9.35.012, the alarm permittee shall supply on his or her application for permit the names, addresses and phone numbers of the selling or installing alarm company, or if the permittee is not under a service contract with an alarm business, at least two persons to call in event of emergency. In the event the names, addresses and phone numbers change, the permittee shall apply the changes within ten days of the change.
(78-43)
All audible alarm systems, excluding fire alarms which indicate
the functioning of an automatic fire alarm or sprinkler system, shall
include a device which will limit the generation of the audible sound
of the system to not longer than fifteen minutes after activation
when the alarm system is protecting a residential structure and fifteen
minutes when the alarm system is protecting a commercial structure.
(78-43)
All burglary detection alarm systems installed after the effective
date of the ordinance codified in this chapter that directly transmit
a signal to the police facility shall include a device which will
provide a minimum of a thirty-second delay of the original transmission
and activate a signal immediately in such a manner as to be perceptible
to a person lawfully entering, leaving or occupying the premises.
Such a device is intended to provide an opportunity for the person
having lawful control of the alarm system to terminate its operation
after activation but prior to the transmission of a false alarm.
(78-43)
An alarm system shall be supplied with an uninterruptible power
supply in such a manner that the failure or interruption of the normal
utility electric service will not activate the alarm system. The backup
power supply must be capable of at least four hours of operation.
(78-43)
Permittees shall notify the Claremont police department prior
to any service, test, repair, maintenance, adjustment, alterations
or installations of systems which would normally result in a police
response, which might activate a false alarm. Any alarm activated
where such prior notice has been given shall not constitute a false
alarm.
(78-43)
It is unlawful to install or use an alarm system which upon
activation emits a sound similar to sirens in use on emergency vehicles
or for civil defense purposes.
(78-43)
No person shall operate or maintain a telephonic alarm system
which automatically transmits a signal, message, or warning to the
City police department by means of any public telephone line.
(78-43)
Fees prescribed heretofore in this chapter shall be in addition
to any other lawful fees imposed by the City for doing or conducting
business within the City.
(78-43)
The City is under no obligation or duty to any permittee or
any other person by reason of any provision of this chapter, or the
exercise, of any privilege by any permittee hereunder, including,
but not limited to, any defects in the alarm board at the police department,
any delay in transmission of an alarm message to any emergency unit
or damage caused by delay in responding to any alarm by any City officer,
employee or agent.
(78-43)
Any person who, on the effective date of the ordinance codified
in this chapter possesses, has established, or uses an alarm system
which requires a permit under this chapter, shall apply for an alarm
permit, as provided in this chapter, within six weeks after the effective
date of the ordinance codified in this chapter.
(78-43)
