This chapter shall be known and may be cited as the "City Security
Alarm Ordinance."
(Ord. 71 § 2, 1981)
The city council finds and declares that:
A. Inadequately
regulated security alarm systems present a danger to public health
and safety and adversely impacts the provision of emergency services;
B. The
volume and frequency of nuisance alarms are conditions which have
persisted so as to become hazardous and causing a serious drain upon
limited police services and equipment needed at other locations;
C. The
unnecessary waste of tax dollars through responses to nuisance alarms
must be reduced;
D. Every
residence and business property is entitled to the safety and protection
afforded by local law enforcement; and
E. The
necessity for the provisions and prohibitions contained in this chapter
contained and enacted is declared to be a matter of public policy
in the pursuance of security and promoting the public health, safety
and welfare of the city and its residents.
(Ord. 71 § 2, 1981; Ord. 382 § 1, 2009)
For the purposes 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 system"
means any device designed for the detection of an unauthorized
entry on the premises or for alerting others of the commission of
an unlawful act or both, and when activated emits an audible or silent
signal or message and to which police are expected to respond. It
shall include those devices which emit a signal within the protected
premises only and supervised by the proprietor of the premises where
located, and otherwise known as a proprietary alarm. Auxiliary devices
installed by a telephone company to protect its systems which might
be damaged or disrupted by the use of an alarm system are not included
in the definition.
"Person"
means a person, firm, corporation, association, partnership,
individual, organization, company or a governmental political unit.
"Alarm agent"
means and includes any person who is self-employed or employed
directly or indirectly by an alarm business operator whose duties
include, but are not limited to: selling, maintaining, installing,
monitoring, demonstrating or causing others to respond to an alarm
in or on any building, place or premises. This definition shall not
apply to local safety officers as defined in
Government Code Section
20019.4.
"Alarm business operator"
means and includes any business operated for any consideration
whatsoever, engaged in the installation, maintenance, alteration,
or servicing of alarm systems or which corresponds to such alarm systems.
"Alarm business operator," however, shall not include a business which
merely sells from a fixed location or manufacture alarm systems unless
such business services, installs, monitors or responds to alarm systems
at the protected premises.
"Alarm user"
means any person who owns, leases, rents, uses or makes available
for use by its agents, employees, representatives or immediate family
an alarm system in the county.
"Audible alarm"
means an alarm system designed to emit an audible sound outside
of the protected premises to alert persons of an unauthorized entry
on the premises or of the commission of an unlawful act.
"Direct dial device"
means a device which is connected to a telephone line and
upon activation of the alarm system automatically dials a predetermined
telephone number and transmits a message or signal indicating a need
for emergency response.
"Nuisance alarm"
means the activation of an alarm system due to other than
an intrusion on the premises or the commission or attempted commission
of an unlawful act, which the alarm system is designed to detect.
Any activation of an alarm system caused by any malfunction of telephone
line circuits or violent natural catastrophic conditions does not
constitute a nuisance alarm.
(Ord. 71 § 2, 1981; Ord. 382 §§ 2, 3, 2009)
A. No person
shall own, lease, rent, use or make available for use an alarm system
without an alarm permit issued by the city. A separate alarm permit
shall be required for each separate alarm system at a specified location
and shall be valid only for that specified location. An alarm permit
is non-transferable to any new location or alarm user.
B. An application
for an alarm permit shall be filed with the city within thirty days
of installation of an alarm system. Each application shall be on a
form provided by the city and approved by the city and the San Diego
County sheriff. It shall be the responsibility of the alarm permit
holder to notify the city, in writing, of any changes to any information
on the application within ten days of such changes occurring.
C. The
city shall issue an alarm permit unless it finds that good cause exists
to deny the alarm permit. Good cause to deny the alarm permit shall
include, but not be limited to, installation of unreliable or otherwise
faulty alarm system equipment, the failure of the alarm user to pay
permit fees or penalty fees on any system operated by the alarm user,
or factors which demonstrate that the public health and/or safety
would be endangered by the issuance of the alarm permit.
D. Alarm permits shall remain valid indefinitely. Alarm permits shall expire automatically upon a change in alarm user or a change in address location of the alarm system. An alarm permit may be revoked pursuant to the provisions of Section
8.32.160. Within ten days of the expiration of an alarm permit, a new alarm permit is required by filing an application with the proper fee. Upon completion of the conditions of revocation of an alarm permit pursuant to Section
8.32.160,
a new application may be submitted to the city with proof of completion of the conditions of revocation.
(Ord. 71 § 2, 1981; Ord. 181, 1990; Ord. 382 §§ 4,5, 2009)
Except as otherwise provided in this chapter, every person applying
for an alarm permit shall at the time of filing the application pay
a fee of seventy-five dollars for each alarm permit.
(Ord. 71 § 2, 1981; Ord. 382 § 6, 2009)
It is unlawful to use an alarm system other than for purposes specifically stated in the application as required by Section
8.32.050(B) of this chapter.
(Ord. 71 § 2, 1981)
No alarm system shall be equipped with either a direct dial
device or any direct line equipment which when activated will automatically
dial a telephone number in or signal directly any office of the sheriff's
department.
(Ord. 71 § 2, 1981)
An audible alarm system shall terminate the emission of its
audible signal within thirty minutes of its being activated, and the
sheriff or his representative shall have the right to take such steps
as may be necessary and reasonable to disconnect any activated alarm.
(Ord. 71 § 2, 1981)
It shall be the responsibility of the alarm business operator
or the alarm agent or both to inform their respective alarm system
users of the provisions of this chapter. An alarm business operator
may obtain the necessary permits for the alarm user.
(Ord. 71 § 2, 1981)
For every audible alarm system, the owner may post the name
and telephone numbers of persons to be notified to render repairs
or service twenty-four hours a day.
(Ord. 71 § 2, 1981)
An alarm user with an alarm permit shall not operate an alarm
system which generates more than two nuisance alarms, as defined in
Section 8.32.030(H), in any six-month period. The first two false
alarms in any six month period shall be considered accidental and
no penalty fees shall be charged. The alarm user of the alarm system
shall be notified in writing after each false alarm occurrence. The
following penalty assessments shall be assessed for each false alarm
in excess of two in any six-month period:
Third false alarm, fifty dollars;
Fourth false alarm, one hundred dollars;
Fifth false alarm, one hundred fifty dollars; and
Each additional false alarm, two hundred dollars.
(Ord. 71 § 2, 1981; Ord. 382 § 7, 2009)
The cause for activating an alarm system shall be determined
by the sheriff. Upon a determination by the sheriff that the cause
for activating an alarm system is not due to an intrusion on the premises
or the commission or intended commission of an unlawful act, the sheriff
will report the violation to the city.
(Ord. 71 § 2, 1981; Ord. 382 § 8, 2009)
A. The
following shall be grounds for revocation of any alarm permit issued
pursuant to this chapter:
1. Any
false statement on the alarm permit application;
2. Failure to notify the city of any changes in the permit application information within the time limits provided by Section
8.32.050(B);
3. Failure to pay a fine imposed by Section
8.32.120 within thirty days of demand;
4. Four violations or more of Section
8.32.120 within any three hundred sixty day period.
B. Following revocation of such permit, the alarm system may not be used until a new application is filed and a new permit is issued. A new permit will only be issued upon a determination by the city that the underlying causes of the revocation as specified in subsection
(A) of this section have been fully remedied, removed, or otherwise corrected.
(Ord. 71 § 2, 1981; Ord. 382 § 10. 2009)
The county shall be under no duty or obligation to a permittee
or any other person by reason of any provision of this chapter.
(Ord. 71 § 2, 1982)
The provisions of this chapter do not apply to alarm systems
used by Federal Deposit Insurance Corporation insured institutions,
or to alarm systems affixed to automobiles, boats, boat trailers,
recreational vehicles and aircraft.
(Ord. 71 § 2, 1981)
The provisions of this chapter do not apply to municipal, county,
state and federal agencies.
(Ord. 71 § 2, 1981)
To the extent authorized by state law, the information furnished
and secured pursuant to this chapter shall be confidential in character
and shall not be subject to public inspection and shall be kept so
that the contents thereof shall not be known except to persons charged
with the administration of this chapter.
(Ord. 71 § 2, 1981)