Clayton Municipal Code Ch. 9.18 Alarm Systems

False alarms pose a hazard to police officers and the general public, divert police officers from useful duties and therefore cause a waste of police services. The purpose of this chapter is to reduce or eliminate the incidence of false alarms.

(Ord. 276, 1990)

A. "Alarm Agent" means a person employed by an alarm company operator, whose duties include selling on premises, altering, installing, maintaining, moving, reporting, replacing, servicing, responding or monitoring an alarm system, or a person who manages or supervises the duties described. "Alarm Company Operator" means a person who engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service alarm systems (except for an alarm agent). "Alarm Company Operator", however, does not include a business, which merely sells on premises, monitors, or responds to alarm systems at the protected premises.

B. "Alarm Systems" means equipment which is intended to notify persons of an emergency requiring urgent attention and to which police are expected to respond. The term "Alarm System" includes equipment, which is designed to (1) detect an emergency or (2) to be activated by a person to report an emergency.

C. "Alarm User" means (1) a person who owns or is entitled to possession of any premises on which an alarm system has been installed; or (2) a person subscribing or contracting with an alarm business for the leasing, servicing or monitoring of an alarm system. In the case of corporate or other users, which are not natural persons, the natural person who has a managerial responsibility for the premises where the alarm is located shall be deemed the "Alarm User".

D. "Audible Alarm" means an alarm system which, when activated, generates a sound which is audible outside the structure where the system is located.

E. "Central Station Alarm System" means an alarm system which, when activated, generates a signal or transmission to a station outside the structure where the alarm was generated (which station then notifies a communication center, i.e., Contra Costa County Sheriff Dispatch Center.

F. "Emergency" means a situation, which poses an immediate threat to persons or property. An "Emergency" includes an unlawful entry onto premises or an attempted unlawful entry, the commission of a crime, the existence of a fire, or the occurrence of a serious medical problem.

G. "False Alarm" means an activated alarm or alarm signal from any alarm, which is responded to by the police department but for which no emergency situation exists or where there is no evidence to indicate that there was an emergency situation as determined by the responding officer. False alarms are subject to a service assessment fee if, after written notice from the police department that the system has generated a false alarm, the system then generates an additional three (3) or more false alarms within any thirty-day period. Nay number of false alarms within a twenty-four-hour period, however, are deemed one false alarm under this section. An alarm initiated by: (1) a severe storm or earthquake or other violent act of nature; or (b) the interruption of telephone service between premises ("Trouble Status Alarm") does not constitute a false alarm for purposes of this chapter.

H. "One Year" means a period of twelve (12) consecutive months.

(Ord. 276, 1990)

A. Under Business and Professional Code Section 7598.4, each Alarm Agent is required to register with the Department of Consumer Affairs, Bureau of Collection and Investigative Service.

B. An Alarm Agent doing business in the City of Clayton shall register his name with the police department and file a copy of his state identification card. No fee is charged for registration in the City.

(Ord. 276, 1990)

A. Registration of Alarm System Users. An alarm system user shall register his alarm system with the police department at least twenty-four (24) hours before the system is activated.

1. Information - An alarm user shall provide registration information on a form provided by the City. The information shall include, among other things, the names and telephone numbers of at least two (2) persons who can respond to the premises where the alarm occurred. A subscriber to a central station alarm system shall also provide the two (2) names and phone numbers to that central system.

2. Registration Fee - A registration fee of ten dollars ($10.00) for a residential alarm system and twenty-five dollars ($25.00) for a commercial alarm system is payable (a) at the time an alarm system is registered and (b) when there is a new alarm user at a premises, (e.g., following a change in occupancy or owner-ship). The fee is to cover expenses incidental to registration and inspection of the alarm system. The amount of the fee may be changed by City Council resolution from time to time.

3. Prior Installations - An alarm user whose alarm system was installed before the effective date of this chapter shall register the alarm system within thirty (30) days after notification of the registration requirement by the City and shall not be subject to the requirement of paying a registration fee.

B. Technical Standards.

1. Back-up Power Supply - Each alarm system for a commercial or business property shall be supplied with a back-up power supply in such a manner that the interruption or failure of the normal utility electric service will not activate the alarm system. The back-up power supply must be capable of operating for at least four (4) hours. The transfer of power must occur in a manner, which does not activate the alarm.

2. Automatic Deactivation of Audible Alarms - Each audible alarm system shall be designed to deactivate the sound within thirty (30) minutes. An audible alarm system which has a cutoff and a re-arming phase must be able to distinguish between an open and closed circuit. If the circuit is broken, the system must be designed so that it will not re-arm.

3. Prior Installations - An alarm user whose alarm system was installed before the effective date of this chapter shall comply with these technical standards within three (3) months after receiving notice from the City.

C. Posting. If an alarm user with an audible alarm has contracted with an alarm company for continuous monitoring service, the alarm user shall post the twenty-four-hour contact phone number in a conspicuous place readable from ground level.

(Ord. 276, 1990)

A. No person may install or operate an audible alarm system which emits a sound similar to that of an emergency siren or civil defense warning system. This excludes yelps, warbles and bells.

B. No person shall install, use or maintain an alarm system which automatically selects a city, policy department or other public agency telephone number and plays a pre-recorded message to report an emergency without the agency's prior written consent.

C. No person shall install, use or maintain an alarm system or use the premises on which the alarm system is located in any manner which causes the alarm system to generate false alarms exceeding the maximum number of allowable false alarms as set forth in Section 9.18.060B hereof, or to activate unnecessarily.

(Ord. 276, 1990)

A. It is an infraction for a person to violate or fail to comply with this chapter. An infraction is punishable by (1) a fine of not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of the same Ordinance within one year; (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same Ordinance within one year.

B. The maximum number of allowable false alarms reported shall be no more than three (3) in any thirty-day period with a maximum allowable of no more than four (4) in a twelve-month period. For every false alarm in excess of three (3) during any thirty-day period or more than four (4) during a year, the user shall pay a false alarm fee of fifty dollars ($50.00). Any number of false alarms in a twenty-four-hour period shall be deemed as one false alarm for purposes of this section.

The Chief of Police shall notify in writing any user that has exceeded the number of allowable false alarms in a thirty-day period. False alarms shall result in a service assessment fee in accordance with this chapter.

(Ord. 276, 1990)

A. Additional Rules and Regulations: The Chief of Police may recommend further Council action regarding rules and regulations considered necessary to ensure furtherance of this chapter.

B. Limitation: The City of Clayton is under no special duty or obligation to an alarm user or any other person by reason of any provision of this chapter or privileges of an alarm user hereunder, including, but not limited to, any defects in or response to an alarm.

C. Actions to Deactivate Alarm: In addition to the enforcement provisions in Section 9.18.070 hereof, the Police Department, or any other representative of the City, may take whatever action is reasonable necessary to deactivate any alarm system which is activated in excess of the thirty-minute standards of Section 9.18.040B, including any alarm on an automobile, boat, boat trailer, house trailer or recreational or, in the case of cluster re repetitive activations a twenty-four-hour period, to disable any alarm system which is so activated, in the interest of public peace and tranquility. Reasonably necessary actions include, but are not limited to, the severance of wires, and/or leads which directly or indirectly control and/or activate an alarm system.

(Ord. 276, 1990)

If any provision of this Ordinance, or the application thereof to any person or circumstances, is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses of this Ordinance or application thereof which can be implemented without the invalid provisions, clause, or application, and to this end such provisions and clauses of the Ordinance are declared to be severable.

(Ord. 276, 1990)