All words and phrases used in this chapter which are defined in the California Alarm Company Act shall have the same meaning as in the Act, and certain additional words and phrases used in this chapter are defined as follows:
"Alarm system"
means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond.
"Audible alarm"
means a device designed for the detection of unauthorized entry on premises, which alarm generates an audible sound on the premises when the alarm is actuated.
"False alarm"
means an alarm signal, either silent or audible, which is likely to elicit a response by the police, where an emergency situation for which the alarm system was designed or used does not exist. The activation of an alarm system due to extreme weather conditions, power outages, or telephone line problems shall not be deemed a false alarm. In the event that alarms are attributed to telephone line problems, some form of verification by the telephone company must be presented to the police department.
"Permittee"
means any person holding an alarm system permit issued pursuant to the provisions of this chapter.
"Person"
means and include any natural person, partnership, corporation, unincorporated association, or other business entity.
"Police chief" and "police department"
mean the police chief and the police department, respectively of the city.
(Prior code § 3800.01)
It is unlawful for any person required to be licensed as an alarm system company by the California Alarm Company Act to engage in the business of an alarm company operator within the city without first filing a copy of such state license with the police department.
(Prior code § 3800.04)
It is unlawful for any person required to be registered as an alarm agent by the California Alarm Company Act as an alarm agent within the city without first registering his or her name and filing a copy of his or her state registration card with the police department.
(Prior code § 3800.07)
Residents and businessmen of the city may have silent alarm devices installed connecting their homes or places of business with the Upland police department offices; however, all components of such devices installed and terminating within the police department shall be of a type approved by the Upland chief of police, and shall be installed only in such location as is approved by the chief of police.
(Prior code § 3313.10)
A. 
It is unlawful for any person to use, install, or cause to be installed an alarm system on any premises within the city under such person's control without having an alarm system permit therefor. At the time an application for an alarm system permit is submitted, the applicant shall pay an application fee for a residential alarm system permit or a commercial alarm system permit, as determined by resolution of the Upland city council. The processing fee shall be nonrefundable in the event the alarm system permit is denied. The permit holder will pay an annual renewal fee as determined by resolution of the Upland city council.
B. 
Persons who cause an alarm system to be installed on any premises within the city under his or her control without having an alarm system permit shall pay a reasonable fine as determined by resolution of the Upland city council from time to time. The violation of this section shall also be an infraction and punishable as such.
(Prior code § 3800.10; Ord. 1851 § 2, 2009)
Any person desiring an alarm system permit shall file an application with the business license official setting forth the following information:
A. 
The name and address of the applicant;
B. 
If different than as set forth in subsection A of this section, the address at which the alarm system is to be installed and used;
C. 
If the applicant is a corporation, the names and addresses of its principal officers;
D. 
If the applicant is a partnership, association, or other business entity, the names and addresses of the partners or persons comprising the same;
E. 
A description of the alarm system proposed to be installed, including the manufacturer's name and model number, if any; and
F. 
The names, addresses, and telephone numbers of one or more persons who will be available to secure the premises during any hour of the day or night.
(Prior code § 3800.13)
A. 
Issuance. Upon the filing of an application containing all of the information required by Section 8.32.050 of this chapter, the police department shall issue an alarm system permit, unless the provisions of subsection B of this section apply.
B. 
Denial. The following reasons shall be sufficient for the denial of an alarm system permit:
1. 
That the application is not in the form and does not contain all the information required by the provisions of this chapter; or
2. 
That the required waiting period following the revocation of an alarm system permit previously issued for the same premises has not expired.
(Prior code § 3800.16)
A. 
Repairs. After any false alarm caused by a malfunction of an alarm system, the permittee shall cause the alarm system to be repaired to eliminate the malfunction before the reactivation of the alarm system.
B. 
Notification. A permittee shall cause the police department to be notified prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm.
C. 
Automatic Deactivation. Every audible alarm system shall be equipped with a device which will automatically deactivate the alarm system not more than 30 minutes after the alarm system is activated.
D. 
Prohibited Sound. No alarm system shall be installed or used which emits a sound which is similar to that of an emergency vehicle siren or a civil defense warning system.
E. 
Permit Display. An alarm system permit shall be posted in a conspicuous place upon the premises for which the permit is issued.
(Prior code § 3800.25)
A. 
1. 
Fine. A false alarm fine shall be paid to the city after two false alarms have been received from any one source from any one alarm system.
2. 
Fine Schedule.
a. 
No fine shall be charged for false alarms occurring within 30 days following initial activation of any alarm system provided the system complies with the requirements of this chapter.
b. 
The first false alarm in any consecutive 365-day period shall not require payment of a fine.
c. 
The second false alarm in any consecutive 365-day period will require permittee to pay a fine as determined by resolution of the Upland city council.
d. 
The third false alarm in any consecutive 365-day period will require permittee to pay a fine as determined by resolution of the Upland city council.
e. 
The fourth and subsequent false alarm in any consecutive 365-day period will require permittee to pay a fine as determined by resolution of the Upland city council.
f. 
For the fifth and subsequent false alarm in any consecutive 365-day period will require permittee to pay, fine as determined by resolution of the Upland city council.
g. 
All fines established by this section, and set by resolution, shall be paid within 15 days from the date the invoice is mailed.
h. 
In the event permittee sustains seven or more false alarms within any 365-day period, the chief of police shall have the option of initiating proceedings to revoke the alarm permit.
B. 
Grounds for Revocation. An alarm system permit may be revoked by the chief of police for any of the following reasons:
1. 
For the failure to observe any of the regulations or other provisions of this chapter;
2. 
If the alarm system for which the alarm system permit is issued emits more than six false alarms during any consecutive 365-day period;
3. 
If knowingly false representations were made upon any application or notice of change required by the provisions of this chapter; or
4. 
If the person desiring an alarm system permit has failed to pay fees and/or fines as required by the Upland Municipal Code.
C. 
Notices and Effective Date. A written notice of revocation stating the reason for such revocation shall be personally served upon or mailed to the permittee by certified mail addressed to the permittee at the permittee's address shown on the application or the latest notice of change on file with the city. In the event the notice of revocation is mailed, service shall be deemed complete upon deposit in the United States mail. The effective date of the revocation of an alarm system permit shall be 10 days after the service of the notice of revocation.
D. 
Hearings—Appeals. A permittee desiring a hearing on notice of revocation may request it of the chief of police who shall notify the permittee of the date, time and place of the hearing. If the chief of police finds any of the grounds of revocation above mentioned are present, he or she shall make a finding to that effect stating the exact grounds. The revocation shall then be effective five days after receipt of written notice from the chief of police. If the chief of police finds none of the reasons are present for revocation of the permit, he or she shall suspend the proceedings and cancel the existing notice of revocation.
E. 
Deactivation of Alarm Systems. The terms of revocation of alarm system permits are as set forth below:
1. 
Immediate removal or deactivation of the system upon receipt of notification;
2. 
No police response to the alarm system until new permit issued;
3. 
A citation will be issued for each alarm received during the revocation period;
4. 
The revocation period will normally be for six months;
5. 
A new permit will be issued only upon payment of all outstanding fees.
F. 
Surrender of Permit. Whenever revocation of an alarm system permit becomes effective, the permit shall be surrendered forthwith to the chief of police.
(Prior code § 3800.28)
A. 
Notices of Appeal. The action of the chief of police in revoking an alarm system may be appealed to the city manager. A written notice of appeal shall be filed with the city manager within 10 days following the service of notice of revocation.
B. 
Determination. The city manager shall hear and determine such appeal within seven days of filing the notice of appeal. Written notice of the time and place of hearings shall be served on the permittee in the same manner as provided the service of notice of revocation.
(Prior code § 3800.31)
A. 
First Revocation. No new alarm system permit may be issued for a premises within six months following the first revocation of an alarm system permit previously issued for the same premises.
B. 
Second or Subsequent Revocations. No new alarm system permit may be issued for a premises within one year following the second or subsequent revocation of an alarm system permit previously issued for the same premises.
(Prior code § 3800.34)
The information contained in alarm system permit applications and notices of change shall be confidential and shall not be disclosed other than to city employees or other public officials who require such information in the performance of their official duties.
(Prior code § 3800.37)