San Clemente Municipal Code Art. I General

This chapter shall be known as the "Regulation of Public Safety Alarm Systems."

(Prior code § 20A-1)

The purpose of this chapter is to set forth regulations governing burglary, robbery, fire and medical alarm systems, businesses and agents within the City, require permits therefor, provide the authority to establish fees, and provide for punishment of violations of provisions of this chapter.

(Prior code § 20A-2)

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:

"Alarm agent" shall mean any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, removing, or installing on or in any building, structure, or facility, any alarm system.

"Alarm business" shall mean the business by any individual, partnership, corporation or other entity of: selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure, or facility.

Exemption: The provisions of this section do not include a business which engages in the manufacture or sale of an alarm system unless such business services, installs, monitors or responds to alarm systems at the protected premises.

"Alarm system" shall mean any mechanical or electrical device which is designed or used for the detection of burglary, robbery, fire or medical assistance within a building, structure or facility or for alerting others of the commission of an unlawful act or hazard within a building, structure, or facility, or both; and which emits a sound or transmits a signal or message when actuated and which is likely to result in a response by the Police or Fire Department. Alarm 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 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 damaged or disrupted by the use of an alarm system. An alarm system includes all of the necessary equipment designed and installed for the detection of burglary, robbery, fire or medical assistance in a single building, structure or facility or for alerting others of the commission of an unlawful act or hazard within a building, structure, or facility, or both.

"Appellant" shall mean a person who perfects an appeal pursuant to this chapter.

"Applicant" shall mean a person who files an application for a new or renewal permit as provided by this chapter.

"Audible alarm" shall mean a device designed for the detection of burglary, robbery, fire or medical assistance on premises which generates an audible sound on the premises when it is actuated.

"City" shall mean City of San Clemente.

"Communications Director" shall mean the Communications Director of the City or his or her authorized representative.

"Day" shall mean calendar day.

"False alarms" shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or leasee of an alarm system, or his or her employees or agents. Upon failure of the Police Department or Fire Department to find any evidence of fire or other need or cause for activating an alarm system, a conclusive presumption of false alarm will be made. In addition, the use of an alarm to summon Police or Fire Department personnel for reasons other than those listed on alarm system permits will also be considered a false alarm. False alarms shall not include alarms caused by acts of God, electrical interruptions, floods, or other violent conditions. These unforseeable circumstances do not include typical external and environmental conditions that exist in the vicinity of the protected building, structure or facility.

"Permittee" shall mean any person who shall be granted a permit as provided in this chapter, and his agents and representatives.

"Person" shall mean natural person, firm, partnership, association or corporation.

"Proprietor alarm" shall mean an alarm which is not serviced by an alarm business.

"Reporting telephone" shall mean any intrusion detection device which when activated causes, either mechanically, electronically, or by any other automatic means, intrastate dialing of any telephone number and then transmits a prerecorded message.

"Subscriber" shall mean any person who purchases, leases, contracts for or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system from an alarm business.

(Prior code § 20A-3)