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)
"Alarm agent"
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.
"Alarm business"
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.
"Alarm system"
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.
"Chief of law enforcement"
means the senior officer in authority serving the law enforcement needs of the City.
"Direct dial telephone device"
means any device, including tape dialers, which will automatically dial a telephone number maintained by the County Sheriff.
"False alarm"
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.
"Law enforcement"
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."
2. 
"If this order of suspension is disputed within 15 days of the date of the mailing of the order, it may be appealed to the City Manager in accordance with the provisions of Section 4.52.080 of the Imperial Beach Municipal Code, a copy of which is attached for reference."
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:
1. 
Two false alarms in any 30-day period; or
2. 
Three false alarms in any 90-day period.
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 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)