Belvedere Municipal Code Ch. 16.14 Burglary, Fire, and Robbery Alarms

BURGLARY, FIRE, AND ROBBERY ALARMS

Sections:

This Chapter shall be known as “The Burglary, Fire, and Robbery Alarm Chapter.” (Ord. 79-2 § 2, 1979.)

The purpose of this Chapter is to set forth regulations governing burglary, fire, and robbery alarm systems. (Ord. 79-2 § 2, 1979.)

For the purpose of this Chapter, certain words and phrases shall be construed herein as set forth in Sections 16.14.031 through 16.14.038, unless it is apparent from the context that a different meaning is intended. (Ord. 79-2 § 2, 1979.)

“Appellant” means a person who perfects an appeal pursuant to this Chapter. (Ord. 79-2 § 2, 1979.)

“Audible alarm” means any mechanical or electrical device designed for the detection of unauthorized entry on the land, building, structure, and/or facility of an alarm owner; or any mechanical or electrical device designed for the detection of smoke and/or heat therein; which generates an audible sound outdoors when it is actuated. (Ord. 79-2 § 2, 1979.)

“False alarm” means an alarm signal activated intentionally or through inadvertence, negligence, or malfunction of any segment of the alarm system and to which personnel of the Belvedere police department or Belvedere volunteer fire department respond and there is no fire and/or police emergency as herein defined. (Ord. 79-2 § 2, 1979.)

“Fire alarm system” means any mechanical or electrical device which is designed to detect or used for detection of smoke and/or heat within a building, structure, facility, watercraft, or any portion thereof which, when activated, emits a sound, displays a light, or transmits a signal or message for the purpose of alerting occupants or others to the existence of a fire emergency. “Fire alarms systems” include but are not limited to direct-dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible, or perceptible outside of the protected building, structure, facility, or watercraft are not included within this definition, nor are auxiliary devices installed for the telephone company systems which might be damaged or disrupted by the use of alarm system. (Ord. 79-2 § 2, 1979.)

“Fire emergency” means any incident requiring the response of the fire department to perform fire extinguishing, life saving, rescue or hazard connected with service activity. (Ord. 79-2 § 2, 1979.)

“Police alarm system” means any mechanical or electrical device which is designed or used for the detection 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 message or signal when actuated. Alarm systems include, but are not limited to, direct-dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designed to register alarms that are audible, visible, or perceptible outside of the protected building, structure, or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be disrupted by the use of alarm system. (Ord. 79-2 § 2, 1979.)

“Police emergency” means any incident requiring the response of the police department during the commission of a breaking and/or entering of a building, structure, or facility, or an immediate attempted breaking or entering or the immediate commission of a violent act likely to produce great bodily harm or the existence of a life saving medical incident. (Ord. 79-2 § 2, 1979.)

“Prohibited alarm device” means any fire alarm system or police alarm system or any combination thereof, which does not conform to the provisions of this Chapter. (Ord. 79-2 § 2, 1979.)

Each police and/or fire alarm user shall maintain a current information card with the City containing his name, address, and telephone number, as well as the name, address, and telephone number of a person or persons who can render service to the alarm within one hour after being called at any hour of the day or night. (Ord. 79-2 § 2, 1979.)

Every person maintaining an outside audible alarm or alarm system shall comply with the provisions of this Section as follows

A. A posted notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm is actuated; and such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the exterior perimeter to the building where such alarm is located. The wording “POLICE ALARM—call Police 435-2611,” shall be placed on the gong covers or immediately below such police alarm gong. Fire alarm gong covers shall be painted red and shall have the wording “FIRE ALARM—call 435-3323,” placed on the gong cover or immediately below. Such wording shall be similarly legible as provided above.

B. In lieu of the posting requirement of Subsection A, alarm subscribers or proprietors of alarms may deposit alarm keys and/or alarm combinations with the police chief in addition to information required under Section 16.14.050 to be used by the police or fire departments to reset such alarms or alarm systems whenever false alarms occur and the responsible party is absent.

C. It is unlawful to install or use a police or fire alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles, to summon volunteer firefighters, or for civil disaster purposes.

D. All local exterior bells, gongs, noise making devices, or pulsating lights whose subscribers or proprietors have not deposited disabling keys and/or combinations as provided in Subsection B, shall be equipped with a timing device which will silence or turn off such devices or lights within ten minutes of activation. (Ord. 79-2 § 2, 1979.)

It is unlawful for any person to activate any police alarm system or fire alarm system for the purpose of summoning the police or fire department except in the event of what is reasonably believed to be a police emergency or fire emergency as defined in this Chapter. (Ord. 79-2 § 2, 1979.)

It is unlawful for any person to install, alter, or activate any alarm system which does not specify that it is either a police alarm system or a fire alarm system or which transmits by any means a signal or message simultaneously to both the police department and fire department, unless both a police emergency and a fire emergency coincide at the protected premises. (Ord. 79-2 § 2, 1979.)

The provisions of this Chapter are not applicable to audible alarms affixed to automobiles. (Ord. 79-2 § 2, 1979.)

In the event that a false alarm, as defined in this Code, is activated by any alarm system within the City, a citation shall be issued immediately by the police department responding to that false alarm, whether such false alarm is a police alarm system or a fire alarm system. The citation shall set forth the nature and time of the false alarm and state that a charge of twenty-five dollars for the second false alarm or fifty dollars for the third false alarm or one hundred dollars for every false alarm thereafter from an alarm system is due and payable within fifteen days after service of the citation. The citation may be served personally at the time of the false alarm on the alarm owner or any adult representative of the owner who is present at the time. If neither such person is present, the citation shall be mailed by regular first-class United States mail, postage prepaid, to the address at which the alarm is installed, and the mailing of such citation shall be deemed to constitute service thereof

If such citation is not paid within the time specified, a second notice shall be sent by certified United States mail, postage prepaid, with return receipt requested. In the event that the alarm owner or some adult representative thereof does not accept this second notice, it shall then be personally served upon such owner or some adult representative at his/her home and an additional service fee of twenty-five dollars shall be assessed against the owner.

A. Determination of False Alarm: Appeal. The determination of any false alarm mad; be appealed by the alarm owner by a written request to the police chief and/or fire chief within five days after such determination. The police chief and/or fire chief shall hold a hearing within seven days of receipt of such appeal, at which time the alarm owner may appear and give testimony. Within two days, the police chief and/or fire chief shall issue a written statement announcing their decision, which shall be final. Notice of such decision will be mailed by firstclass United States mail to the alarm owner.

B. Alarm Owner Away from Home. In the event that the alarm owner has previously notified the police department of his/her absence from the protected premises, and no one is living there during such alarm, any suspension provided for under this Code shall be deferred for fifteen days following the owner’s return. (Ord. 79-2 § 2, 1979.)

In the event that any alarm within the City shall activate as a false alarm more than three times in any one month, or shall activate as a false alarm more than six times in any twelve consecutive months, or shall activate as a false alarm during a time when a charge is due and payable under the provisions of Section 16.14.100, such system shall be designated as a source of excessive false alarms. (Ord. 79-2 § 2, 1979.)

Upon the suspension, revocation, or disconnection of any alarm system pursuant to the electrical code of the City after the system has been shown to be the source of excessive false alarms, the City shall be relieved of all responsibility for responding to any alarm other than a direct notification by a natural person unaided by mechanical or electronic voice reproduction on the premises of a police or fire emergency thereon. (Ord. 79-2 § 2, 1979.)

The United States Government, the state of California, counties, municipal corporations, and departments thereof or of other governmental entities are exempt from the provisions of this Chapter. Private corporations who shall secure alarms or alarm systems pursuant to federal banking laws, securities, and exchange regulations or national security regulations shall be similarly exempt from this Chapter. (Ord. 79-2 § 2, 1979.)

The information furnished and secured pursuant to this Chapter shall be confidential in nature and shall not be subject to public inspection or disclosure under the Public Records Act. Such records and the contents thereof shall not be known to persons other than those charged with the administration of this Chapter. (Ord. 79-2 § 2, 1979.)