Montclair Municipal Code Ch. 4.12 Alarm Systems

The City finds and determines that the regulation of alarm systems and the control of false alarms is necessary to promote the health, welfare and safety of the people in that some users have alarm systems which either mechanically malfunction or are not operated properly by their users, causing an increase in false alarm reports, thereby resulting in unnecessary costs and expense to the City, and constituting a hazard to the safety of police officers and the public in general.

(Prior code § 4-11.01)

It is unlawful for any person who is required to be registered as an alarm company operator by the Alarm Company Act to engage in the business of an alarm company operator within the City without first registering their name and filing a copy of their State identification card with the Administrative Services Department pursuant to Section 7592.8(b) of the Business and Professions Code.

(Ord. 99-791 Exh. A (part); prior code § 4-11.03)

It is unlawful for any person who is required to be registered as an alarm agent by the Alarm Company Act to act as an alarm agent without first registering their name and filing a copy of their State identification card with the Department of Administrative Services pursuant to Section 7592.8(b) of the Business and Professions Code.

(Ord. 99-791 Exh. A (part); prior code § 4-11.04)

It is unlawful for any persons to use, install, or cause to be used or installed an alarm system on any premises within the City under their control without having obtained a business permit therefor pursuant to Section 7592.8(a) of the Business and Professions Code.

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 Police Chief is authorized to demand that the owner or lessee of the alarm system initiating such message, signal or notice disconnect the alarm system until it is made to comply with said requirements.

(Ord. 99-791 Exh. A (part); prior code § 4-11.05)

Any person desiring an alarm system permit shall file an application with the Department of Administrative Services setting forth the following information:

A. The name and address of the applicant;

B. The address at which the alarm system is to be installed and used;

C. If the applicant is a corporation, the names and addresses of its principal officers;

D. If the applicant is a partnership, association or other business entity, the names and addresses of the partners or persons comprising same;

E. A description of the alarm system or system proposed to be installed within the City, including the manufacturer's name and model number, if any; and

F. The names, addresses and telephone numbers of one or more persons who will be available to secure the premises during any hour of the day or night.

(Ord. 99-791 Exh. A (part); prior code § 4-11.06)

Each alarm system permit applicant is required to pay a one-time alarm system permit fee. The amount of the fee is set forth in the Business License Fee resolution. The fee shall be paid at the time the permit application form is submitted. The fee is to cover the cost of investigation of the facts stated in the application and processing thereof. Such administrative fees shall not be returned to the applicant because they are for service.

(Ord. 99-791 Exh. A (part); prior code § 4-11.07)

A. Issuance. Upon the filing of an application containing all of the information required in Section 4.12.050 of this chapter, the Department of Administrative Services shall issue an alarm system permit, unless the provisions of subsection B of this section apply.

B. Denial. The following reasons shall be sufficient for the denial of an alarm system permit:

1. That the application is not in the form and does not contain all the information required by the provisions of this chapter; or

2. That the required waiting period following the revocation of an alarm system permit previously issued for the same premises has not expired. See Section 4.12.120.

(Ord. 99-791 Exh. A (part); prior code § 4-11.08)

A separate alarm system permit shall be required for each of the premises on which an alarm system is used or installed.

(Prior code § 4-11.09)

Whenever any change occurs related to the written information required in Section 4.12.050 of this chapter, the permittee shall give written notice of such change to the Administrative Services Department within five days.

(Ord. 99-791 Exh. A (part); prior code § 4-11.10)

A. Repairs. After any false alarm caused by a malfunction of an alarm system, the permittee shall cause the alarm system to be repaired to eliminate the malfunction before the reactivation of the alarm system by the permittee.

B. Notification. A permittee shall cause the Police Department to be notified prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm.

C. Automatic Deactivation. Every audible alarm system shall be equipped with a device which will automatically deactivate the alarm system not more than 30 minutes after the alarm system is activated.

D. Prohibited Sound. No alarm system shall be installed or used which emits a sound which is similar to that of an emergency vehicle siren or a Civil Defense warning system.

E. Permit Display. An alarm system permit shall be posted in a conspicuous place upon the premises for which the permit is issued.

F. Power Supply. Alarm systems shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least 4 hours of operation.

(Ord. 99-791 Exh. A (part); prior code § 4-11.11)

A. Grounds for Revocation. An alarm system permit shall be revoked by the Administrative Services Department on the recommendation of the Police Chief for any of the following reasons:

1. Failure to observe any of the regulations or other provisions of this chapter;

2. Alarm system for which the alarm system permit is issued emits more than six false alarms during any consecutive 365-day period; or

3. False representations were made upon any application or notice of change required by the provisions of this chapter.

B. Notices and Effective Dates. A written notice of revocation, stating the reason for such revocation, shall be personally served upon or mailed to the permittee by certified mail addressed to the permittee at the permittee's address shown on the application or the latest notice of change on file with the Administrative Services Department. In the event the notice of revocation is mailed, service shall be deemed complete upon deposit in the United States mall. The effective date of the revocation of an alarm system permit shall be 15 days after the service of a notice of revocation.

C. Surrender of Licenses and Deactivation of Alarm Systems. Whenever the revocation of an alarm system permit becomes effective, the permit shall be surrendered forthwith to the Administrative Services Department, and the alarm system shall forthwith be removed or deactivated.

(Ord. 99-791 Exh. A (part); prior code § 4-11.12)

Revocation of alarm system permits shall be appealed to the City Manager. A written Notice of Appeal shall be filed with the City Clerk within 15 days following the service of a Notice of Revocation.

(Ord. 99-791 Exh. A (part); prior code § 4-11.13)

A. First Revocation. No new alarm system permit may be issued for a premises within six months following the first revocation of an alarm system permit previously issued for the same premises unless there is a change in property owner or business owner, at which time application may be made for a new permit.

B. Second or Subsequent Revocations. No new alarm system permit may be issued for a premises within one year following the second or subsequent revocation of an alarm system permit previously issued for the same premises unless there is a change in property owner or business owner, at which time application may be made for a new permit.

(Ord. 99-791 Exh. A (part); prior code § 4-11.14)

The information contained in alarm system permit applications and notices of change shall be confidential and shall not be disclosed other than to City employees or other public officials who require such information in the performance of their official duties.

(Prior code § 4-11.15)

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 a false alarm, shall pay a false alarm service fee to the City as established by resolution of the City Council. Failure to pay a false alarm service fee within 30 days after issuance of invoice by the City shall cause immediate revocation of alarm service permit.

(Ord. 99-791 Exh. A (part); prior code § 4-11.16)

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.

(Prior code § 4-11.17)