A.
The
majority of burglar and robbery alarms to which law enforcement responds
are false. Such alarm result in an enormous waste of manpower and
the large percentage of false alarms may lull law enforcement officers
into a sense of false security.
B.
Alarm
systems which automatically direct dial any emergency phone number
are prone to be activated by electrical failures or other events having
no connection with criminal activity and tie up such emergency phones,
making them unavailable to receive genuine emergency calls.
C.
The
danger to citizens through emergency response created by false alarms
is unnecessary and hazardous.
D.
The
unnecessary waste of tax dollars through responses to false alarms
must be reduced.
E.
The
intent of this chapter is to reduce false alarms by establishing performance
criteria for alarm systems within the City of Imperial Beach.
(Ord. 691 § 1, 1986)
means 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,
moving or installing, on or in any building, structure or facility,
any alarm system.
means the business by any individual, partnership, corporation
or other entity of: 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.
means any mechanical or electrical device which is designed
or used for the detection of an unauthorized entry into a building,
structure or facility or for alerting others of the commission of
an unlawful act within a building, structure or facility, or both
which emits a sound or transmits a message when actuated that is intended
to evoke a law enforcement response.
means the senior officer in authority serving the law enforcement
needs of the City.
means any device, including tape dialers, which will automatically
dial a telephone number maintained by the County Sheriff.
means any activation of an alarm system by failure, malfunction,
accidental tripping, misoperation, misuse or negligent maintenance
by the owner or lessee of the alarm system or his or her employee
or agent, or any other activation of an alarm system that results
in a response by the law enforcement where an emergency situation
does not exist, except excusable alarms caused by severe weather conditions,
telephone line problems or any factor over which the permittee, alarm
company and law enforcement lack control.
means the entity providing law enforcement service to the
City.
(Ord. 691 § 1, 1986)
A.
No person
shall maintain an alarm business in the City without having obtained
a business tax license required by this chapter and without having
previously registered as required by the State. Any person acting
as an alarm agent or responding alarm agent must carry his or her
registration card issued by the state while engaged in alarm agent
activities, and shall display such registration card to the chief
of law enforcement or representative upon request.
B.
Any
person or business who leases, maintains, sells or installs any alarm
system or who causes such a system to be leased, maintained, sold
or installed shall be responsible for informing the person who leases,
rents or purchases or has installed an alarm system of the provisions
of this chapter. Such notification shall be in writing and shall include
the following:
1.
No
person shall use an alarm system without first applying for and receiving
an alarm permit in accordance with this chapter.
2.
Direct
dial telephone devices are prohibited and law enforcement will not
respond to telephone calls made by such devices.
3.
False
alarms exceeding the schedule set by this chapter may result in suspension
or revocation of an alarm system permit.
(Ord. 691 § 1, 1986)
A.
All
alarm systems shall require a City alarm permit from the City Finance
Department. Cost of the alarm system permit shall be as set forth
in the City's Master Fee Schedule.
B.
An alarm
system permit may be issued at any time, but all permits shall expire
on the last day of the 24th month following the issuance of the permit.
Alarm permits are not transferable.
(Ord. 691 § 1, 1986; Ord. 2006-1040 § 1; Ord. 2023-1235, 10/18/2023)
A.
Every
applicant for an alarm permit shall file with the Administrative Services
Director, on forms provided by the City, a legibly written application
stating:
1.
The
name, address and phone number of the applicant;
2.
A
description of the property where it is proposed to use an alarm system;
3.
Its
location, street and number;
4.
How
many separate alarm systems will be used;
5.
A
description of the type(s) of alarm system(s) to be used (i.e., burglary,
robbery);
6.
The
name of the person or company who will install the alarm system at
the location;
7.
The
name, address and phone number of one person or the company who will
be available to be contacted in the event of an alarm activation.
B.
The
applicant may provide the name of an additional person. In the event
the name, mailing address or phone number of the person(s) to be contacted
changes, the applicant shall supply corrected information to the Administrative
Services Director within five days of the change. If requested by
law enforcement, the person(s) listed shall be required to be present
at the alarm location within 30 minutes after being advised that law
enforcement has received any signal or message of an alarm activation.
C.
At the
time of filing the application, the applicant shall pay all fees applicable.
Upon receipt of all applicable fees, the application is utilized as
the permit. The alarm business may obtain a permit for an alarm location
on behalf of a concerned property owner.
(Ord. 691 § 1, 1986; Ord. 2012-1133 § 35)
No person shall lease, maintain, service, repair, alter, replace,
move, install or use any alarm system which directly dials any telephone
number of the City or Sheriff's offices or other entity providing
police service to the City.
(Ord. 691 §1, 1986)
A.
Should the Administrative Services Director be advised by the chief of law enforcement that the owner or lessee of an alarm system has violated any provisions of this chapter, rules or regulations made pursuant to this chapter, including, but not limited to, false alarms which exceed the numbers permitted pursuant to Section 4.52.090 of this chapter, the Administrative Services Director may serve such owner or lessee with a written order of suspension, which shall state the reason(s) for such suspension. Such order shall be effective immediately if personally served, or 72 hours after the same has been deposited by certified mail in any branch of the United States Post Office, addressed to the owner or lessee of such alarm system at his or her address as set forth on the application, and shall contain the following notices:
1.
"Any
person who willfully continues in violation of any provision of the
City's security alarm ordinance shall be guilty of an infraction and
be subject to criminal prosecution."
B.
Immediately
upon such an order becoming effective, such owner or lessee shall
immediately discontinue the use of any alarm system.
C.
Upon failure of the owner or lessee of an alarm system to pay the false alarm prevention payment provided for in Section 4.52.090, to cause the alarm system or alarm systems to be properly repaired, or to be properly used and operated, or to perfect an appeal to the City Manager, as provided for in Section 4.52.080, such owner or lessee shall immediately discontinue the use of any systems. The alarm system or systems shall not thereafter be used until such payment has been made, such repairs have been effected, or such owner or lessee satisfies the Administrative Services Director that the system or systems shall be properly used in the future; and the Administrative Services Director shall authorize in writing the use of such system or systems.
(Ord. 691 § 1, 1986; Ord. 2012-1133 § 36)
A.
If any
action of the chief of law enforcement or the Administrative Services
Director is disputed, the appellant may appeal to the City Manager
by filing with the City Clerk a statement addressed to the City Manager
setting forth the facts and circumstances regarding the action of
the chief of law enforcement and/or the Administrative Services Director.
The City Clerk shall notify the appellant in writing of the time and
place set for the hearing of the appeal. The City Manager or designated
representative, 10 days from the date on which such appeal has been
filed with the City Clerk, shall hear the appellant and the Administrative
Services Director and shall consider all relevant evidence and shall
determine the merits of the appeal. The City Manager may affirm, overrule
or modify the decision of the Administrative Services Director and/or
the chief of law enforcement, and the City Manager's decision shall
be final.
B.
The
right to appeal to the City Manager from an action of the Administrative
Services Director and/or the chief of law enforcement shall terminate
15 days following the deposit of a certified letter in any branch
of the United States Post Office, addressed to the owner or lessee
of an alarm system at his or her abovementioned mailing address, or
personal service of such letter, advising the appellant of the order
of suspension.
(Ord. 691 § 1, 1986; Ord. 2012-1133 § 37)
A.
When an audible alarm, message or signal is received by law enforcement
that evidences a failure to comply with any of the requirements of
this chapter, the Administrative Services Director when advised by
the chief of law enforcement is authorized to demand that the owner
or lessee of the alarm system initiating such audible alarm, message
or signal, or representative disconnect the alarm system until it
is made to comply with the requirements of this chapter.
B.
Any person who uses an alarm system for the protection of his or
her real or personal property or person or has an alarm system which
has caused any signal, message or alarm to be transmitted to law enforcement
either by direct communication from an alarm agent or an alarm business
or by a person responding to an audible alarm, and which is proven
to be a false alarm, shall pay a false alarm prevention payment to
the City as follows: a service charge in an amount as set forth in
the City's Master Fee Schedule shall be charged for each false alarm
in excess of:
C.
If an alarm business fails to respond to a false alarm by taking
corrective action, a service charge in an amount as set forth in the
City's Master Fee Schedule shall be charged to that alarm business
for each false alarm thereafter. The alarm business shall maintain
records of such corrective action verified by the signature of the
alarm agent.
(Ord. 691 § 1, 1986; Ord. 2006-1040 § 2; Ord. 2012-1133 § 38; Ord. 2023-1235, 10/18/2023)
All alarm systems shall include a device which will limit the
generation of the audible sound of the system to not longer than 30
minutes after activation.
(Ord. 691 § 1, 1986)
All burglary detection alarm systems, excluding such alarm systems
as are activated with a "key" device or which generate an audible
alarm shall include a device which will provide a 30-second delay
before the original alarm transmission and immediately upon being
activated shall emit a signal in such a manner as to be perceptible
to a person lawfully entering, leaving or occupying the premises.
Such a device is intended to provide an opportunity for the person
having lawful control of the alarm system to terminate its operation
after activation but prior to the transmission of a false alarm.
(Ord. 691 § 1, 1986)
An alarm system shall be supplied with an uninterruptible power
supply in such a manner that the failure or interruption of the normal
utility electric service will not activate the alarm system. The backup
power sup-ply must be capable of at least four hours of continuous
operation.
(Ord. 691 § 1, 1986)
A.
An owner
or lessee of an alarm system shall notify his or her central receiving
station or answering service prior to any service, test, repair, maintenance,
adjustment, alteration or installation of his or her alarm system
which might activate a false alarm and result in a law enforcement
response. Any alarm system activated where such prior notice has been
given shall not constitute a false alarm.
B.
After
any false alarm caused by the malfunction of an alarm system, the
owner or lessee shall cause the alarm system to be repaired so as
to eliminate such malfunction before reactivating the alarm system.
(Ord. 691 § 1, 1986)
It is unlawful to transmit an alarm indicating that an emergency
exists without being specific as to the type of emergency, such as
robbery or burglary.
(Ord. 691 § 1, 1986)
Fees described in this chapter shall be in addition to any other
lawful fees imposed by the City for doing or conducting business with
the City.
(Ord. 691 § 1, 1986)
The City is under no obligation or duty to any owner or lessee
of an alarm system or any other person by reason of any provision
of this chapter or by reason of the exercise of any privilege pursuant
to this chapter. Nor shall this chapter impose any liability, obligation
or duty upon the City in regards to, but not limited to, defects in
an alarm system, and delay in transmission of an alarm message to
any emergency unit, or damage caused by nonresponse or in responding
to any alarm by any City officer, employee or agent.
(Ord. 691 § 1, 1986)
