Ridgecrest Municipal Code § 4-17 Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm owner means any person who owns, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system.

Alarm system means any assembly of equipment and devices including audible alarms and proprietor alarms, arranged to signal the presence of fire, robbery, or unauthorized intrusion into or onto a building, structure, facility or premises, the signals from which are calculated to solicit or could reasonably cause the solicitation of urgent attention from safety personnel of the city. The following devices shall not constitute alarm systems within the meaning of this definition:

(1) Devices which do not register alarms that are audible, visible or perceptible outside the protected premises;

(2) Panic alarms;

(3) Alarm devices affixed to motor vehicles.

Audible alarm means an alarm device which generates a sound audible outside the protected premises.

Direct dial device means a device which is connected to a telephone line and, upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal.

Emergency means a fire or the commission of or attempted commission of a robbery or burglary.

False alarm means an alarm signal calculated to solicit or which could reasonably cause the solicitation of the urgent attention of city safety personnel where an emergency does not exist. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. Signals from defective alarm systems shall be deemed to be within the control of the owner.

Panic alarm means an alarm designated to be activated when assistance is needed because of illness, injury or any other reason not caused by fire, robbery or burglary.

(Code 1980, § 4-17.101; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

Any person violating any of the provisions of this article shall be deemed guilty of an infraction.

(Code 1980, § 4-17.116; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

(a) Upon an alarm owner's fourth false alarm registered against a permit, and upon each subsequent false alarm against that permit during the permit period, the owner shall be assessed a service fee as determined and approved by the city council. The service fee shall become due and payable upon deposit in the mail of notice of the amount assessed. If the service fee is not paid within one month after mailing of said notice, it shall be deemed delinquent and the permit may be suspended. The service fee will be adopted by resolution of the city council and reviewed annually to ensure that the police department is being reimbursed for the lost manpower and expenses caused by false alarms.

(b) The conviction or punishment of any person for violation of the provisions of this article or for failing to secure a permit as permitted by this section shall not relieve such person paying the false alarm and/or service fees due and unpaid at the time of such conviction, nor shall payment of any false alarm fee or service fee prevent criminal prosecution for violation of any of the provisions of this article. All remedies shall be cumulative, and the use of one or more remedies by the city shall not have the use of any other remedy for the purpose of enforcing the provisions of this article. The amount of any false alarm or service fee shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of jurisdiction to recover the amount of any delinquent fee. All fees shall be deemed delinquent one month after they are due and payable.

(Code 1980, § 4-17.116; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

It shall be unlawful for any person to install, connect, operate, use or maintain, or to cause to be installed, connected, operated, used or maintained, any alarm system within the city, unless an alarm system permit has been issued therefor in accordance with the provisions of this article and such permit has not expired, been revoked or suspended. The alarm owner or user shall post the permit number at the front of the business or residence and post the address of the premises at every street and alley entrance to the property.

(Code 1980, § 4-17.102; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

(a) Applications for alarm system permits shall be filed with the city clerk on forms provided by the city. The applications shall contain the names, addresses and telephone numbers of three persons who will respond to an alarm, open the premises and service or repair the alarm system during any hour of the day or night. The applications shall contain all additional information the chief of police reasonably deems necessary for the evaluation and proper processing of the permit application. The permits shall be issued to the person who is in possession of the property which the alarm system is designed to protect.

(b) No permit shall be issued without the express approval of the chief or his representative.

(c) Any person who operates or maintains more than one alarm system at any particular location may apply for a single permit for that location or may apply for separate permits for each alarm system operated or maintained. If a person chooses to secure a separate permit for each alarm system, a separate application shall be submitted for each permit requested.

(Code 1980, § 4-17.103; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

All alarm system permits shall expire one year after the date issued. Applications for renewals shall be filed not earlier than 30 days before expiration and no later than 30 days after the expiration of the permit. Permits lawfully renewed prior to the effective date of this provision shall expire one year after the date of latest renewal.

(Code 1980, § 4-17.104; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

All permits issued under this article shall be nontransferable.

(Code 1980, § 4-17.105; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

Under no circumstances shall anything be connected to a direct telephone line to the police department of the city unless it complies with the Standard for Safety, Central Station Burglar Alarm Units and Systems (UL 611-1985) issued by Underwriters Laboratories, Inc. or with the Standard for Safety, Central Stations for Watchman, Fire Alarm and Supervisory Services (UL 827-1982) issued by Underwriters Laboratories, Inc., as amended from time-to-time. Said standards are incorporated by reference and made a part of this section. A copy of the standards shall be kept on file with the city clerk and will be available for public inspection. The service provided may correspond to any of the several grades of service listed in the standards. Anything not in compliance with said standards which is connected to a direct telephone line to the police department of the city prior to the effective date of this provision shall have one year to come into compliance with the standards or to be disconnected from all such lines.

(Code 1980, § 4-17.106; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

The chief of police of the city shall have the authority to prescribe rules and regulations consistent with the provisions of this article and to implement and enforce this section. The subjects covered by such rules and regulations may include, but are not limited to, the following:

(1) Requirement for standby power;

(2) Investigation and method of transmittal of alarms by central stations, alarm company operators or their agents;

(3) Testing of alarm systems.

(Code 1980, § 4-17.107; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

(a) The following shall constitute grounds for suspension and revocation of an alarm system permit within any one-month period:

(1) If an alarm owner has over four false alarms on said permit within any one-month period.

(2) Intentionally reporting or causing to be reported any false alarm, knowing that such alarm is false.

(3) The violation of any of the provisions of this section, any rule or regulation prescribed by the chief of police upon an alarm system permit.

(4) Any fraudulent or willful misrepresentation or any false statement in an application for a permit.

(5) Failure to pay any fees prescribed by this section before they become delinquent.

(b) No permit issued in the city shall be suspended until the right and opportunity for a hearing shall have been given the permittee by the chief of police. Notice of hearing shall be given in writing to the permittee and served at least seven days prior to the date of the hearing. The notice shall state the reason for suspension and shall also state the time and place the hearing will be held. Said notice may be made by sending it registered or certified mail to the permittee at the address of his place of business or employment. In the event service cannot be made upon the permittee in such manner, then service may be made by sending it by registered or certified mail to the place of business or residence stated in the permit. After any order or suspension has been issued by the chief of police and pending the outcome of any appeal, responses of safety personnel from the offending system may be stopped.

(c) Any order of suspension ordered by the chief of police shall become a revocation 15 days after the effective date of the order of suspension, unless the permittee files an appeal from the order of suspension within the time and in the manner provided in this article.

(d) When an appeal is filed, the order of suspension shall not be stayed pending the determination of such appeal by the alarm appeals board. Such suspension shall become a revocation of the permit if the decision of the board upholds the order of suspension made by the chief of police. The suspension shall be dissolved if the decision of the board reverses the order of suspension made by the chief of police.

(Code 1980, § 4-17.108; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

The board shall consist of three members appointed by the city manager to serve until replaced; one of whom shall be an engineer in the public works department, one of whom shall be a representative of the planning department and one of whom shall be a representative of the city manager's office. The board shall adopt rules and regulations for the conduct of its business. All decisions of the board shall be made in writing. The board shall have jurisdiction to review all appeals of orders issued by the chief of police and his subordinates involving denials of applications for reapplication for alarm system permits. The board may affirm, modify or set aside any such order or decision. All decisions of the board shall be final and conclusive.

(Code 1980, § 4-17.109; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

Any applicant for an alarm system permit whose application is denied by the chief of police or any permittee whose permit is suspended pursuant to an order of suspension made by the chief of police may appeal therefrom to the alarm appeals board by filing with the city clerk a notice of appeal within 15 days after such denial or order of suspension. The notice of appeal must set forth the decision and the grounds upon which the permittee deems himself aggrieved thereby. An appellant must pay the sum as established by resolution to the city clerk as a filing fee at the time of filing said notice of appeal. The city clerk shall report the filing of such appeal to the chief of police. The chief of police shall, within seven days, make a written report to the city clerk setting forth the basis of his action denying the application for a permit or issuing the order of suspension. The city clerk shall forward said written report to the alarm appeals board. Following the receipt of said written report, the board shall set the appeal for hearing, which shall be held not less than five days nor more than 15 days thereafter, unless continued for good cause by the order of the board.

(Code 1980, § 4-17.110; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

Any person whose alarm system permit is revoked may reapply for a new alarm system permit, but only in accordance with procedures set forth in this section.

(1) All reapplications shall be submitted directly to the chief of police or to that person whom the chief designates as the alarm officer on such forms as may be prescribed.

(2) The chief of police or his designated representative shall investigate such reapplication to determine whether the grounds for the prior revocation have been eliminated or are not likely to occur again in the future. Such investigation may include, but shall not be limited to, an on-site examination of the alarm system and any specifications, diagrams or descriptions pertaining thereto. A test period of reasonable duration may also be prescribed.

(3) If the chief of police determines after investigation that the grounds for the prior revocation have been eliminated or are not likely to occur again in the future, an alarm permit shall be issued to the person who is in possession of the property which the alarm system is designed to protect. The chief of police may attach such conditions to the alarm system permit as he deems are reasonably necessary to ensure that the permittee will comply with the provisions of this section.

(4) Any person whose reapplication for an alarm system permit is denied by the chief of police may appeal such denial to the alarm appeals board in accordance with the procedure set forth in this chapter.

(Code 1980, § 4-17.111; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

It shall be unlawful for any person to use any alarm system which is equipped with a direct dial device which, when activated, automatically dials a telephone number belonging to any government agency of the city.

(Code 1980, § 4-17.112; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

An audible alarm shall terminate its operation or shall automatically reset within 15 minutes if located within a commercial or industrial zone.

(Code 1980, § 4-17.113; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

No person shall cause any alarm, including a panic alarm, to be signaled by any alarm system to the police department other than a fire, robbery or burglar alarm.

(Code 1980, § 4-17.114; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

After any false alarm, and upon request of the chief of police or his representative, the alarm owner shall submit a written report to the chief of police describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within three days of the date of request.

(Code 1980, § 4-17.115; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)

The city council shall from time-to-time by resolution establish rates, fees, and charges to recover the cost associated with the administration of the emergency alarm program. The revenue derived shall be utilized by the city for the administration of these provisions and for business and residential crime prevention programs.

(Code 1980, § 4-17.119; Ord. No. 89-20, § 17; Ord. No. 90-01, § 17)