Chapter 4.9
ALARMS

Sections:

4.9.01    Terms defined.

4.9.02    Unlawful alarms: Excessive false alarms.

4.9.03    Unlawful alarms: In excess of fifteen (15) minutes: Costs to silence alarm.

4.9.04    Unlawful alarms: Direct dial to police department.

4.9.05    Penalty for violation.

4.9.06    Supplemental rules, regulations and procedures.

4.9.07    Severability.

4.9.01 Terms defined.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

“Alarm system” means any equipment designed or intended to notify persons of an emergency at a particular location to which the police department is expected to respond. This definition does not include those alarms installed in vehicles or used for the detection of fire.

“Alarm user” means any person who owns or is entitled to the possession of any premises on which an alarm system has been installed.

“Audible alarm” means any alarm system which, when activated, generates a sound which is audible outside the structure where the system is located.

“Automatic dialing system” means any alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a pre-recorded voice message indicating the existence of an emergency situation that the alarm system is designed to detect.

“Excessive false alarms” shall mean those false alarms exceeding one within a calendar year.

“False alarm” means an alarm signal that prompts a response by the Clovis Police Department when criminal activity is not the cause of the alarm.

(1)    A false alarm shall include, but is not limited to, mechanical failure, improper installation, or the negligent use of the alarm by the user.

(2)    An alarm activated due to violent conditions of nature, bona fide power outages, or fire shall not be included in this definition.

(3)    A robbery/holdup alarm activated by any purpose other than a robbery in progress shall be deemed a false alarm. (§ 1, Ord. 94-11, eff. April 6, 1994)

4.9.02 Unlawful alarms: Excessive false alarms.

(a)    It shall be unlawful for any person to use, operate, or maintain an alarm system within the City that emits excessive false alarms.

(b)    It shall be unlawful for any person who operates, manages, maintains, or uses the premises on which an alarm system is located to permit the alarm system to emit excessive false alarms. (§ 1, Ord. 94-11, eff. April 6, 1994)

4.9.03 Unlawful alarms: In excess of fifteen (15) minutes: Costs to silence alarm.

(a)    It shall be unlawful for any audible alarm to not automatically cease transmission within fifteen (15) minutes of activation.

(b)    Should the alarm fail to silence after twenty (20) minutes, and the police department is unable to contact the user or his representative, the police department will cause an alarm agent or company to respond and silence the alarm. All costs for silencing the alarm shall be the responsibility of the alarm user.

(c)    The costs to silence the alarm shall be a charge against the alarm user and shall constitute a debt of that person and is collectible by the City in the same manner as in the case of an obligation under a contract, express or implied. (§ 1, Ord. 94-11, eff. April 6, 1994)

4.9.04 Unlawful alarms: Direct dial to police department.

It shall be unlawful for direct dial alarms to dial the Clovis Police Department directly. (§ 1, Ord. 94-11, eff. April 6, 1994)

4.9.05 Penalty for violation.

Any person violating any of the provisions of this chapter shall be punished pursuant to Chapter 2 of Title 1 of the Clovis Municipal Code. (§ 1, Ord. 94-11, eff. April 6, 1994)

4.9.06 Supplemental rules, regulations and procedures.

The City Council may, by resolution, establish rules, regulations and procedures for the implementation and enforcement of this chapter. In addition, the Chief of Police, with approval of the City Manager, may adopt such rules and regulations necessary or appropriate to reduce or eliminate false alarms. (§ 1, Ord. 94-11, eff. April 6, 1994)

4.9.07 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. (§ 1, Ord. 94-11, eff. April 6, 1994)