Moraga Municipal Code Ch. 7.04 Alarm Systems

In this chapter, unless the context otherwise requires:

"Alarm agent" means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, 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 or who responds to 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.

"Alarm system" means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond.

"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.

"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.

(Prior code § 12-401)

Unless otherwise stated, this chapter does not apply to the following:

A. An alarm on an automobile, boat, boat trailer, house trailer or recreational vehicle;

B. A fire alarm.

(Ord. 206 § 1 (part), 2005; prior code § 12-402)

A. Under Business and Professions Code, Section 7598.4, each alarm agent is required to register with the Department of Consumer Affairs, Bureau of Collection and Investigative Services.

B. An alarm company operator doing business in the town shall register his or her name with the police department and file a copy of his or her state identification card.

(Prior code § 12-403)

A. Registration and Alarm System. An alarm user shall register his or her alarm system with the police department at least twenty-four (24) hours before the system is activated. This provision is not applicable to those alarm users who contract with an alarm company operator for twenty-four (24) hour monitoring service.

1. Information. An alarm user shall provide registration information on a form provided by the town.

An alarm user shall notify the police department within fifteen (15) days of a change in registration information. There is no charge for a change in information which does not include a change in the alarm user.

2. Registration Fee. A registration fee is payable: (1) at the time an alarm system is registered; and (2) when there is a new alarm user at a premises, e.g., following a change in occupancy or ownership. The fee is to cover expenses incidental to registration and recordkeeping. The amount of the fee shall be established by town council resolution.

No registration fee shall be charged during the first ninety (90) days after the effective date of this chapter.

3. Prior Installations. An alarm user whose alarm system was installed before the effective date of this chapter shall register the alarm system within ninety (90) days. This provision is not applicable to those alarm users who contract with an alarm company operator for twenty-four (24) hour monitoring service.

B. Technical Standards.

1. Back-Up Power Supply. Each alarm system shall be supplied with a back-up power supply or shall be so designed that the interruption of the normal supply of electricity shall not activate the alarm. The back-up power supply must be capable of operating for at least four hours.

2. Automatic Deactivation of Audible Alarms. Each audible alarm system shall be designed to deactivate the sound within twenty (20) minutes.

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 six months after receiving notice from the town.

C. Posting. If an alarm user has contracted with an alarm company for continuous monitoring service, the alarm user shall post the twenty-four (24) hour contact phone number in a conspicuous place.

(Prior code § 12-404)

A. Automatic Dialing. No person may use or cause to be used an alarm system device that automatically selects a town or police department telephone number and plays a pre-recorded message to report an emergency.

B. Type of Sound. No person may use or cause to be used an alarm system emitting a sound which, when heard from outside the premises, is similar to that of an emergency vehicle siren or civil defense warning system.

C. Connecting to Police Station. No person may connect or modify an alarm system terminating with the town police station.

(Ord. 206 § 1 (part), 2005; prior code § 12-405)

A. Service Charge. An alarm user shall pay a service charge to the town for each false alarm. The amount of the service charge shall be established by town council resolution.

B. Billing. The town shall issue a bill for unpaid service charges. The bill is due and payable within fifteen (15) days after the billing date.

C. Appeal. An alarm user may appeal the imposition of a service charge by filing a written notice of appeal with the chief of police within ten (10) days after receipt of the bill. The appeal shall be heard within thirty (30) days of its filing. Thereafter, an alarm user may appeal a decision of the chief of police to the town manager by filing a written notice of appeal within ten (10) days of the chief's decision. The town manager may affirm, modify or reverse the decision and shall advise the alarm user in writing of the decision.

(Ord. 206 § 1 (part), 2005; prior code § 12-406)

A. Definition. A "nuisance alarm" means an alarm which has been emitting a sound continuously or intermittently for twenty-one (21) minutes or more and which has been reported to the police department as an annoyance by a person in the vicinity of the alarm.

B. Right of Entry. After making reasonable efforts to notify an alarm user or his or her agent that his or her alarm has been activated, an employee of the police department is authorized to enter exterior portions of private property, into attic and crawl space areas, and into vehicles on private or public property for the purpose of silencing a nuisance alarm. Entry may be made into vehicles, exterior alarm boxes, and attics and crawl space vents in order to accomplish this purpose.

C. Service Agreement With Private Contractor. The chief of police is authorized to enter into a service agreement with a private alarm service contractor to provide twenty-four (24) hour call out service to silence nuisance alarms. When an agreement is in effect, an employee of the alarm service contractor may enter exterior portions of private property, into attic and crawl space areas, and into vehicles on private or public property, when accompanied by an employee of the police department, for the purpose of silencing an alarm.

D. Charges. The cost of silencing a nuisance alarm shall be paid by the alarm user. Payment shall be made directly to the private alarm service contractor if authorized by the town's service agreement.

E. Nonliability. Neither the town nor its employees, officers, agents, or alarm service contractor is liable in damages to the owner of a nuisance alarm for silencing the alarm, for entry on or into property for the purpose of silencing the alarm, or for any damages resulting from reasonable efforts to silence the alarm.

(Prior code § 12-407)

A. Additional Rules and Regulations. The chief of police may adopt rules and regulations considered necessary to ensure conformance to this chapter.

B. Limitation. The town 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 under this chapter, including, but not limited to, any defects in or response to an alarm.

(Prior code § 12-410)

It is an infraction for a person to violate or fail to comply with this chapter, punishable as provided in Section 1.24.030.

(Prior code § 12-409)