§ 9.70.010. Definitions.

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

"Alarm agent" means any person employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, servicing, responding to, or causing others to respond to an alarm system in or on any building, structure or facility.

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

"Alarm systems" means any mechanical or electrical device which is designed or used for either the detection of fire or instruction into a building, structure or facility or both, which detection causes a local audible alarm or transmission of a signal or message, or which is used to evoke police or fire department response, whether the alarm system is monitored or not by an alarm agent. Alarm systems include, but are not limited to, direct-dial telephone devices. Devices which are not designed or used to evoke police or fire response and devices which are designed so as not to be audible, visible, or perceptible outside of the protected building, structure or facility are considered as alarm systems if an actual police or fire response occurs, irrespective of how the police or fire departments were notified. Not included in this definition are auxiliary devices installed by a telephone company to protect its system from damage or disruption by use of an alarm system, alarm systems for vehicles and smoke detectors.

"Appellant" means a person who perfects an appeal pursuant to Section 9.70.060 of this chapter.

"Audible alarm" means the sound generated by a device designed for the detection of a fire in or intrusion into a building, structure or facility, whether monitored by an alarm agent or not.

"City" means the City of Delano.

"Day" means a calendar day.

"False alarm" means the activation of an alarm system through mechanical failure, malfunction, accidental tripping, negligence, misoperation or misuse by the lessee or owner of the alarm system or his employee or agent. Mechanical failure or malfunction caused by negligent maintenance of the system is also included in this definition.

Upon failure of the police department or fire department to find any evidence of intrusion, fire or other need or cause of activating an alarm system, a rebuttable presumption of false alarm will be made. A false alarm shall not include alarms caused by malfunction of telephone line circuits or external causes beyond the control of the owner or lessee of the alarm system.

"Misuse" means the actual activation of an alarm system to summon the aid of police or fire services when the actual circumstances would otherwise prompt a routine (nonemergency) response from police or fire personnel.

"Person" means a person, firm, corporation, association, partnership, individual, organization or company.

"Smoke detector" means a device which senses visible or invisible particles of combustion and is designed to emit upon activation a sound sufficient only to provide warning to the occupants of the building, structure or facility in which such device is situated.

(Ord. 2007-1165 § 1(part), 2007).