§ 3-11.02. Definitions.

For the purpose of this chapter, the following definitions shall apply and are listed below alphabetically:

(a)

"Alarm agent" shall mean 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 a person employed by an alarm company to perform any of the duties described herein.

(b)

"Alarm company operator" shall mean any person who, for any consideration whatsoever, 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 any alarm agent. "Alarm company operator," however, does not include a business which merely sells from a fixed location or manufacturers alarms systems unless the business services, installs, sells on premises, monitors, or responds to alarm systems at the protected premises.

(c)

"Alarm system" shall mean any mechanical and/or electrical device designed for the detection of an unauthorized entry on premises, or for alerting others of the commission of an unlawful act or both; and when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and which may prompt police to respond.

Alarm systems include, but are not limited to, silent alarms, audible alarms, proprietor alarms, and direct dial telephone devices. The following devices shall not constitute alarm systems within the meaning of this section:

(1)

Devices which are not installed, operated, or used for the purpose of reporting an emergency to the Police Department;

(2)

Alarm devices affixed to motor vehicles, trailers or trailer coaches (as defined in California Vehicle Code Sections 415, 630 and 635), vessels, or aircraft;

(3)

Alarm devices installed on a temporary basis by the Police Department.

(d)

"Alarm user" shall mean any person using an alarm system at his/her place of business or residence.

(e)

"Audible alarm" shall mean a device designed for the detection of an unauthorized entry on, or an attempted entry into premises or a structure; or for alerting others of the commission of an unlawful act, or both, and which, when actuated, generates an audible alarm on the premises.

(f)

"Automatic calling/dialing system" shall mean an alarm system which automatically sends over telephone lines, by direct connect or otherwise, a recorded message indicating an emergency situation exists.

(g)

"Central monitoring station" shall mean any office, station, or telephone answering service where person(s) monitor and/or receive emergency signals from alarm systems, and thereafter, relay messages from such signals by live voice to the Modesto Police Department Telecommunications Center.

(h)

"Direct connect" shall mean an alarm system which has the capability of transmitting system signals to, and receiving them at, an agency maintained by a local government entity such as the City of Modesto at its Stanislaus Regional 911 center.

(i)

"False alarm" shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance, or the negligence of the owner, lessee, or of his/her employees or agents, which necessitates response by the police when an emergency condition does not exist; provided, however, alarms caused by acts of nature such as earthquakes, floods, tornadoes, or other violent, uncontrollable acts of nature shall not be considered false alarms.

(j)

"Nonpriority" shall mean that police response to the activation of an alarm shall not be given precedence over other calls and will be predicated upon availability of police units and other service needs.

(k)

"Person" shall mean any individual, partnership, corporation, or other entity.

(1)

"Police Chief" shall mean the Police Chief of the City of Modesto or his/her designated representative.

(m)

"Proprietor alarm" shall mean an alarm system which does not anticipate a police response when activated. It is a device which is not designed or used to register an audible, visible, or perceptible signal outside or away from the protected premises.

(n)

"Silent alarm" shall mean any mechanical and/or electrical device designed for the detection of unauthorized entry on premises or for alerting another of the commission of an unlawful act which transmits a signal to a monitored, remote location.

(o)

"Standby power backup" shall mean any auxiliary, secondary, or back-up power source capable of supplying adequate power to properly operate an alarm system should the primary power source be interrupted.

(Added by Ord. 3296-C.S., § 1, effective 7-10-03)