HomeMy WebLinkAbout2013/05/28 Item 10CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
CHULAVISTA
MAY 28, 2013 ITEM ~~
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING AND RESTATING IN ITS ENTIRETY CHULA
VISTA MUNICIPAL CODE CHAPTER 9.06, SECURITY
ALARM SYSTEMS, WITH THE NEW TITLE "SECURITY
ALARMS"
SUBMITTED BY: POLICE DEPART T C F~~ ~
REVIEWED BY: CITY MANAGE
ASSISTANT/DEP Y CITY MANAGER
4/STHS VOTE: YES ~ NO ~X
SUMMARY
To continuously improve public safety services and operational efficiency, the Police
Department proposes repealing the existing municipal code section on security alarms
and replacing it with a new section, which implements best practices for reducing police
dispatches to false security alarms.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA). Staff has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment. Therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA, and
no environmental review is necessary.
RECOMMENDATION
Council adopt the Ordinance and place on a future agenda for second reading.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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May 28, 2013 Item
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DISCUSSION
I. BACKGROUND
In an effort to meet the public safety needs of a growing city with its diminished
resources, the Department hired Matrix Consulting Group of Palo Alto, California to
conduct a comprehensive study of staffmg and operational practices. Matrix presented the
first phase of its study to the City Council in May 2012. In addition to urging the
Department to hire more police officers and to acquire improved hazdwaze and softwaze
systems, the study recommended several operational changes to increase efficiency and
secure uncommitted time, or proactive time, for officers. Uncommitted time allows
officers to proactively address crime and disorder problems throughout the City. Matrix
recommended a ratio of proactive time of approximately 40% of total on-duty time.
Currently, officers have only 22% of proactive time available to address crime and
disorder issues throughout the City. Matrix also recommended that the City adopt a
policy requiring a verified response to a security alazm before officers aze dispatched.
With verified response, real-time confirmation from the alarm site must be provided by
an alarm system's audio or video features, or by an independent third party. Only after
that confirmation would an officer be dispatched to the scene.
The Department provided information on verified response to all current alarm permit
holders and invited them to a presentation on verified response at the August 2012 Public
Safety Subcommittee meeting. About sixty alarm permit holders and representatives from
California's alarm industry attended. Most voiced opposition to a strict verified response
model. Attendees urged the Department to explore other options to reduce police
dispatches to false alarms, such as imposing higher penalties for false alarms and
requiring verified response only after a number of false alarms.
Since August 2012, the Department evaluated the comments from meeting attendees,
solicited other community feedback, met with members of California's alazm industry,
reviewed administration of the city's existing alarm ordinance, and researched best
practices for reducing police dispatches to false alarms. In cities that have enacted
ordinances with best practices, such as Spokane, Washington, police dispatches to false
alarms have fallen by as much as 80%. With a new ordinance, and athird-party
administrator of the program, the Department expects to achieve significant reductions in
police dispatches to false alazms.
After an exhaustive study of the false alarm problem, which included evaluating feedback
from citizens, analyzing the impacts on police services, and inviting input from the alarm
industry, the Department is recommending a modernization of its ordinance and the
implementation ofbest practices to reduce police dispatches to false alarms.
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May 28, 2013 Item %~
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II. FALSE ALARMS
A. Alarm Systems
Alarm systems - "security alarms" -are widely available to consumers. New homes are
often pre-wired for alarm systems, and kits are available in stores for do-it-yourself
homeowners and business owners. By promising a police response to security alarm
activation, alarm companies market peace of mind to the subscriber.
Alarm systems are designed to detect motion and to report that motion to a monitoring
service. The monitoring service may attempt to telephone the alarm site and/or the alazm
user to determine whether an alazm activation is valid or false. Human error, pets, wind,
equipment malfunction, and improper installation are common causes of false alarms. If
the monitoring service is unable to reach a subscriber, it alerts the dispatch center of the
local law enforcement agency and requests a response to the alarm site. The Department
usually dispatches one officer to an alarm call during daylight hours and two officers to
an alarm call during hours of dazkness.
B. False Alarms Analysis and Impacts on Police Services
The Department has full-year computer-aided dispatch data on alarms going back to
2000. This data shows there were over 7,600 security alarm calls in 2000. The number of
security alarm calls continued to increase to a high of just over 8,100 calls per year in
2003. The calls then stabilized at approximately 7,700, until 2006, when the housing
market began to falter. The number of security alarm calls has since declined as alarmed
properties sat vacant, or presumably, fewer residents could afford to maintain alarm
service contracts when the economy went into recession. In 2011, the Department
received over 5,600 alarm calls for service, and over 5,400 in 2012.
In 2012 security alarm calls made up 8% of all calls handled by the Department. Despite
the decline in security alarm calls over the past ten years, security alarms were the
number one call type for police officers in Chula Vista during the past three years
(7/1/09-6/30/12). During this three-year period, officers spent 6,756 hours responding to
false security alarms. However, as is the case in cities throughout the country, nearly all
security alarms in Chula Vista aze false. An alarm is considered false when the
responding officer, after checking the alarm site, has determined that a crime did not
occur. In the past three years (7/1/09-6/30/12,) 99.7% of all residential security alarms
were false, and 98.6% of commercial security alazms were false. In other words, the
reliability of security alarms to signal an actual crime is less than one percent at
residences and less than two percent at businesses.
A police response to security alarms has resulted in few burglary arrests. During the past
three years (7/1/09-6/30/12), Chula Vista officers responded to 8,094 residential security
alazms, but only one incident resulted in a burglary arrest. (This arrest involved a juvenile
known to the homeowner who was no longer permitted access to the residence.) During
the same time period, officers responded to 9,646 commercial security alarms, but just six
incidents resulted in burglary arrests. These extremely low apprehension figures are not
surprising, given the very short amount of time burglars typically spend inside a home or
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business and the time it takes officers to respond. The average response time to security
alarm calls received by the Department between 7/1/09 and 6/30/12 was 16 minutes, 58
seconds.
III. BEST PRACTICES
Chula Vista's alazm ordinance was enacted in 1982 and most recently updated in 1995. It
incorporates some best practices identified by the alarm industry. For example, alarm
users are required to obtain a permit. As set out in the city's Master Fee Schedule, atwo-
year permit currently is $50 for residences and $100 for businesses. Also, the ordinance
provides for false alarm fines. However, the current ordinance allows a high tolerance for
false security alarms: it allows for two "free" false security alarms before there is any
consequence administered by the Department. The third false alarm results in only a $50
fine. Fines for the fourth and subsequent false security alazms in a rolling twelve-month
period are $100.
The Department's research indicates that best practices, when strictly enforced, can result
in a nearly 80% reduction in false alarm dispatches. The Security Industry Alarm
Coalition (SIAC), as well as the Department of Justice's Community Oriented Policing
Services, suggest that all alarm systems must be registered; fines must be escalating and
meaningful; the police agency must restrict its response to chronic abusers (such as
revoking alarm permits, discontinuing response, or requiring verification of the alazm
before initiating a police response); requiring attempted verification by the alarm monitor
(enhanced call verification); notifying the alarm user of all activations resulting in a
police dispatch; and providing/requiring alarm user training. The proposed new ordinance
includes all of these best practices. Attachment "A" highlights the changes between the
current and proposed ordinances.
Some key provisions ofthe new ordinance are:
• Alarm monitoring companies must make at least two attempts to contact the alarm
owner or designee to determine whether an alarm is valid or false before
contacting the Department for an officer response. This procedure is not required
for "panic" or "duress" alarms.
• Permit holders may take a false alarm awareness class, one time, in lieu of paying
a first-time false alarm penalty. The class is required to re-instate an alarm permit
that has been revoked for more than four false security alarms in a twelve-month
period.
• For excessive false security alarms, an alarm monitoring company must verify a
crime or attempted crime at the alarm site before requesting or receiving a police
response.
• The duration of alarm permits will move from twenty-four months to twelve
months. Annual permitting will enhance maintaining current contact information
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May 28,20131tem {~
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for alarm owners, which will facilitate communication as well as administration
and enforcement of the ordinance.
• Permit fees and false alarm fines are set out in the Master Fee Schedule, which is
approved by Council. An update to the entire Master Fee Schedule is planned for
presentation to Council this summer. Alarm permit fees aze currently $50 for a
24-month residential permit and $100 fora 24-month commercial permit. The
Department is working with Finance to update these fees and the updated amounts
are not known at this time. Also as part of the Master Fee Schedule update, the
Department plans to recommend an increase in false alarm penalties as follows:
15` - •~
No Fine •~~.
$100
2° No Fine $200
3` $50 $500 i
4 and subse uent $100 $500
While the proposed ordinance addresses the problem of false security alarms at
residences and commercial facilities, the Department is sensitive to residents' concerns
about other types of alarms that are designed to signal other types of potential
emergencies. The new regulations cleazly distinguish alarm signals generated by manual
or automated activation that indicate a threat to human life or well-being (e.g. robbery,
duress, panic, medical alert, etc.). The Department will continue to respond to these
types of activations.
The proposed changes to the City's alarm ordinance are a result of the Department
needing to find ways to increase proactive time for patrol officers. By using the core
components of continuous improvement, the Department has identified a significant
amount of time wasted by dispatchers and police officers recording and responding to
false security alarms rather than actual or suspected crimes. By implementing the new
ordinance, the Department expects to save the equivalent of two full time equivalent
officer's time, which translates into an additional 2% increase in proactive time. To
achieve the same gains without implementing the new ordinance would require the City
to increase the Department's Personnel Services budget by an additional $250,000 to hire
two officers. Additionally, this ordinance protects the Department in the future when the
economy continues to improve and the city's population grows. It is reasonable to expect
that the Department will see a corresponding increase in the number of alarm systems
installed throughout the City. Any corresponding increase in false security alarms is
expected to be significantly lower under the new ordinance.
~ Can be waived on 1S1 alarm if alazm owner completes alarm user course. Every false alarm after this will
be fined.
z Now subject to full verified response conditions -permit subject to revocation.
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May 28, 2013 Item ~~
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IV. IMPLEMENTATION
The Department plans to contract with athird-party administration service to manage the
alarm program under the new ordinance. The third-party administrator is an outside
vendor and will be tasked with permitting, collecting fees online, providing the false-
alarm awazeness class, and tracking and billing for false security alarms. This change will
significantly improve the City's ability to manage the alarm program and will bring the
program up to a higher standard because of the automation that athird-party
administrator can offer in this specialized azea. Security alarm owners will be able to
make permit payments and fine payments on-line, as well as see historical activity to
their residence. The third party administrator will also provide a false security alarm
awareness class in which first time offenders can have the fine waived for their first false
security alarm if they successfully complete the on-line class. The on-line class will
demonstrate proper alarm usage and give suggestions on how to mitigate false security
alarms. The cost of the third-party administrator has not been determined yet as the
Department still needs to issue a Request For Proposal for the contract. Typically, the
costs for this type of service are approximately 20% of the total revenue collected. This
fee is negotiable and staff is determining whether to incorporate that cost into the
proposed fees (which will be presented as part of the Master Fee Schedule update
tentatively scheduled sometime in the summer of 2013). After first reading of the
proposed new ordinance, the Department plans to initiate the request-for-proposal
process to select the third-party administration service. After selection, staff will work
with the administrator to accomplish the transition. Anticipated transition tasks include
transferring information on existing permits, coordinating the computer-aided dispatch
system with alarm permit and false alarm data, and training Department staff. Once
implementation is complete, the Department will move forward with the second reading
of the ordinance to implement the new municipal code, which will govern the security
alarm program.
As stated, the Department is working with Finance on the Master Fee Schedule to update
permit fees and propose increased fines for false security alarms. Once the fees and fines
have been set and the transition to the third-party administration service is complete, the
Department will notify current permit holders of new alarm program requirements.
Because of these outstanding implementation tasks, the Department anticipates bringing
the proposed new alarm ordinance back to Council for second reading and adoption, with
a report on implementation, in the next three months, with the goal of full implementation
by September 30, 2013.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently, the 500-foot rule found in California Code of
Regulations section 19704.2(a)(1) is not applicable to this decision. Staff is not
independently aware, nor has staff been informed by any City Councilmember, of any
fact that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT YEAR FISCAL IMPACT
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May 28, 2013 Item ~0
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Full implementation of this security alarm ordinance will not occur until fiscal year 2014.
Therefore, the Department does not expect any negative impacts to the General Fund for
fiscal year 2013. The false alarm penalty changes will be included in the next Master Fee
Schedule update, which is due to be considered by the City Council sometime during the
summer (fiscal year 2014). There will be some delay in final implementation, as a third-
party vendor will need to be selected to administer the alarm program.
ONGOING FISCAL IMPACT
It is difficult to project what the final fiscal impact of implementing this ordinance will be
with any certainty. The Department expects an increase in the number of alarm permits, a
result of its cooperation with the alarm industry and its enhanced ability to enforce a
modem alarm ordinance. Projecting the exact increase in permits and revenue from
same is impossible, though it is reasonable to expect no fewer permits than in the
previous few years. Additionally, although there will be an increase in alarm penalty
assessments, the goal of this ordinance is to significantly reduce the number of false
alarm activations. The potential exists that revenue collected from alarm penalties under
the new ordinance will actually decrease if the new ordinance is successful.
In fiscal year 2011-12, the City realized approximately $112,000 in false alarm penalty
revenue. In the current fiscal year, approximately $35,000 has been collected year-to-date
based upon a fiscal year 2012-13 budgeted amount of $39,000. The fiscal year 2013-14
budget reflects $39,000 of anticipated false alarm penalty revenues.
ATTACHMENTS
Attachment "A" -Comparison Chart
Attachment "B" -Security Alarm Ordinance
Prepared by.• Police Department -Gary Ficacci, Captain,; Ed Chew, Adminisdradive Services Manager,;
Melanie Cuduko, Public Safety Analyst; City Attorney's Offrce -Carol Trujillo, Deputy City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
AND RESTATING IN ITS ENTIRETY CHULA VISTA
MUNICIPAL CODE CHAPTER 9.06, SECURITY ALARM
SYSTEMS, WITH THE NEW TITLE "SECURITY ALARMS"
WHEREAS, Chula Vista Municipal Code Chapter 9.06, security alarm systems, was
adopted in 1982 and amended in 1995 to require registration of security alarms and to reduce
false activations of such alarms; and
WHEREAS, a new municipal code chapter regulating security alarms is necessary to
implement best practices identified by the alarm industry that reduce police dispatches to false
alarms; and
WHEREAS, the Chula Vista Police Department seeks to continuously improve public
safety services for all residents and to most efficiently use its limited resources; and
WHEREAS, Department officers responded to more than 5,400 alarms in 2012 at
residences and businesses; and
WHEREAS, alarms accounted for 8 percent of all calls for service to the Department in
2012 and were the number one call type for Fiscal Years 2009-10 to 2011-12; and
WHEREAS, nearly all alarms are false: 99.7 percent of residential alarms are false and
98.6 percent of commercial alarms are false; and
WHEREAS, the Department has identified false alarms as an excessive and unnecessary
drain on its limited resources; and
WHEREAS, responding to false alarms takes police officers and police dispatchers away
from actual public safety needs, to the detriment of true crime victims and the entire community;
and
WHEREAS, a consultant's study of staffing and operational practices in 2012
recommended that the Department require a verified response to alarms -confirmation provided
by an alarm company through a security guard, video, or audio at an alarm site that an actual or
attempted crime is in progress before an officer is dispatched - to reduce police resources lost to
false alarms; and
WHEREAS, the consultant's study of staffing and operational practices in 2012 found
that uniformed field officers' overall proactive time for patrol operations was at 22% - an
inadequate ratio to perform the most effective policing in the community; and
10-9
Ordinance No.
Page 2
WHEREAS, the Department's proposal to require a verified response for security alarms
was opposed by members of the alarm industry and most of the approximately 60 alarm users
who attended an August 2012 informational presentation at Olympian High School; and
WHEREAS, residents who. attended the August 2012 presentation and residents who
provided feedback in other forums urged the Department to explore other options to reduce
police dispatches to false alarms instead of verified response, including increasing fines to' deter
false alarms; and
WHEREAS, with the goal of reducing the number of police dispatches to false alarms
while meeting alarm users' expectations for a police response to an alarm, the Department
subsequently researched ideas and opinions from alarm users in the community and how to best
use verified response, identified alarm-industry best practices, and consulted with members of
the alarm industry at the local, state and national levels; and
WHEREAS, modern alarm ordinances in other communities in the nation (such as
Spokane, Washington) have been identified as successful models because they reduced police
dispatches to false alarms by nearly 80 percent over a few yeazs by incorporating alarm-industry
best practices, such as .requiring registration of alarm permits; requiring enhanced call
verification -alarm monitors must make at least two phone calls to the alarm user before calling
police; enforcing false alarm fines; accepting cancellations of service requests prior to dispatch;
suspending a police response to chronic abusers; and using athird-party administrator to
administer the ordinance; and
WHEREAS, by implementing best practices, the Department anticipates a reduction of
police dispatches to false alarms, which would free up officers to focus on actual public safety
needs; reduce response times to urgent calls, such as domestic violence; and permit officers to
work proactively on community priorities, as well as crime prevention.
NOW THEREFORE, with the above recitations contained herein, the City Council of the
City of Chula Vista does, hereby, ordain as follows:
Section I.
The Chula Vista Municipal Code Chapter 9.06, Security Alarm Systems, is hereby amended and
restated in its entirety with the new title, Security Alarms, as follows:
10-10
Ordinance No.
Page 3
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Chapter 9.06
SECURITY ALARMS
Article I. General Provisions and Definitions
9.06.010 Short title
9.06.020 Legislative findings and purpose
9.06.030 No city duty created
9.06.040 Definitions
9.06.050 Enhanced call verification required
9.06.060 Administration by chief of police
9.06.070 Non-residential/commercial alarm systems exempt
9.06.080 Governrnent entities exempt from fees, fines and charges
9.06.090 Fines, fees and charges
9.06.100 Confidentiality
Article IL Alarm Company Licenses and Duties
9.06.110 Alarm company licenses required
9.06.120 Denial of business license -Appeal -Hearing -Notice required
9.06.130 Alarm company duties
Article III. Alarm User Duties and Permits
9.06.140 Alarm user duties
9.06.150 Alarm permit required
9.06.160 Denial of alarm permit
9.06.170 Revocation of alarm permit
9.06.180 Verified response required
10-16
Ordinance No.
Page 9
9.06.190 Right to discontinue response
9.06.200 Cancellation of dispatch requests
9.06.210 Annual renewal of alarm permit
9.06.220 Notices of denial or revocation of alarm permit; fines; verified response required;
appeal
Article IV. Alarm System Standards
9.06.230 Alarm System -Manufacturing standards
9.06.240 Alarm System -Operational standards
Article I.
General Provisions and Definitions
9.06.010 Short title
This chapter shall be known and cited as the "Chula Vista security alarm ordinance."
9.06.020 Legislative findings and purpose
The city council finds and determines that:
A. Inadequately operated, maintained or installed security alarm systems in residential
and commercial buildings can cause false alarms;
B. The persistent, high volume of false alarms endangers the health, safety and welfare of
the city's residents;
C. False alarms also drain limited police resources by preventing, diverting, or delaying
police officers and police dispatchers from serving actual public safety needs, such as answering
calls for service, addressing the community's public safety priorities, enforcing laws,
investigating and solving crimes, and preventing crime;
D. The unnecessary waste of public tax dollars by police responses to false alarms must
be reduced;
E. Regulating alarm systems, alarm users, and companies that provide alarm services in
the city is necessary to ensure that every residence and every business in the city, not just those
that can afford a security system and monitoring service, are afforded the safety and protection
provided by law enforcement;
F. The purpose of this chapter is to encourage alarm businesses and alarm users to
maintain the operational viability of their security alarm systems and to significantly reduce or
eliminate false alarm dispatch requests made to the police department;
G. Regulating alarm systems installed in buildings, alarm users, and alarm businesses is a
matter of public policy in pursuing security and promoting the public health, safety and welfare
of the city and its residents.
10-17
Ordinance No.
Page 10
9.06.030 No city duty created
The provisions of this chapter are adopted as an exercise of the city's police power to
promote the public health, safety, and welfare and aze not intended to protect individuals or
otherwise establish or create a special relationship with any particular class or group of persons
who will or may be affected by the. provisions of this chapter. This chapter neither creates nor
imposes any duty to protect on the part of the city nor any of its departments, divisions, officials,
agents, or employees. The obligation of complying with the requirements of this chapter and the
consequences for failing to do so aze placed solely upon the parties responsible for owning,
operating, monitoring, or maintaining alarm systems within the city. Nothing in this chapter shall
be interpreted as requiring or promising any response by public safety officers to any alarm.
9.06.040 Definitions
A. "Alarm administrator" means the person designated by the chief of police to administer the
provisions of this chapter and the rules and regulations adopted pursuant to Section 9.06.060.
B. "Alarm appeals officer" means the persori designated by the city manager to hear and decide
appeals related to fines and denials and revocations of alarm permits pursuant to Section
9.06.220.
C. "Alarm business" means the selling, leasing, maintaining, monitoring, servicing, repairing,
altering, replacing, moving, installing any alarm system in or on any building, real property, or
premises.
D. "Alarm company" means any person engaged in an alarm business for any consideration
whatsoever. This term includes an "alarm system monitoring company."
E. "Alarm dispatch request" means a communication to the department, via police dispatch, by
an alarm company indicating that an alarm system has been activated at a particular alarm site
and requesting a police response to that alarm site.
F. "Alarm system" means an "alarm system" as defined in California Business and Professions
Code Section 7590.1 and which is installed in a building.
G. "Alarm system monitoring company" or "monitoring company" means any person that, for
any consideration whatsoever, engages in the business, practice, or profession of monitoring
alarm systems within the city, and that reports, directly or indirectly, any activation of alarm
systems to the city, its departments, divisions, officials, agents, or employees, including, but not
limited to, the police department and/or police dispatch.
H. "Alarm user" means a person having or maintaining an alarm system on real property owned
or controlled by that person.
L "Alarm permit" means that permit required under Section 9.06.150.
J. "Audible alarm" means an alarm system that, when activated, generates an audible sound at its
location.
10-18
Ordinance No.
Page 11
K. "Chief of police" means the chief of police of the city or his or her designee.
L. "City" means the City of Chula Vista and/or the area within the incorporated municipal
boundaries of the City of Chula Vista.
M. "Department" means the Chula Vista Police Department.
N. "Duress alarm" (also "hold-up alarm," "panic alarm," or "robbery alarm") means an alarm
signal generated by the manual or automatic activation of a device, or any system, device or
mechanism, installed in or near a building intended to signal that a robbery or other serious crime
is in progress, and that one or more persons are in need of immediate police assistance in order to
avoid injury, serious bodily harm or death.
O. "Enhanced call verification" is a monitoring procedure requiring that a minimum of two calls
be made prior to making an alarm dispatch request. At least two calls must be made to different
phone numbers where a responsible party can typically be reached.
P. "False alarm" means an alarm to which a police officer responds and, in the opinion of that
officer, no evidence of the commission or attempted commission of a crime is present that can be
reasonably attributed to have caused the alarm activation, or the responding officer is unable to
determine if evidence of a crime or attempted crime is present because the site is inaccessible.
Q. "One-plus duress alarm," prohibited by 9.06.130.D and 9.06.230.C, means an alarm system
that permits the manual activation of an alarm signal by entering on a keypad a code that adds
the value of one ("1") to the last digit of its usual arm disarm code.
R. "Panic alarm" -see Subsection N, "duress alarm."
S. "Person," for purposes of this chapter, means an individual, individuals, corporation,
partnership, association, organization or similar entity.
T. "Robbery alarm" -see Subsection N, "duress alarm."
U. "Verified response" means information received from a person physically present at an alarm
site, or from real-time audio or video surveillance at the site, that positively verifies evidence of a
crime or an attempted crime at the alarm site.
9.06.050 Enhanced call verification required
A. No alarm system monitoring company shall request a police response to an alarm
unless the alarm system monitoring company has already made at least two telephone calls to
determine whether the alarm signal is valid or false.
B. One telephone call shall be to the premises where the alarm system is located. The
second telephone call shall be to an alternate telephone number designated by the alarm user for
this purpose.
C. This requirement for enhanced call verification shall not apply to duress alarms.
10-19
Ordinance No.
Page 12
9.06.060 Administration by chief of police
A. Responsibility for administration of this chapter is vested with the chief of police.
B. The chief of police may designate an alarm administrator to carry out the duties and
functions described in this chapter.
C. The city manager may designate one or more persons to serve as alarm appeals
officer(s) to carry out the duties and functions related to appeals of false alarm fines and the
denial or revocations of alarm permits as described in this chapter.
D. In order to administer and implement the provisions of this chapter, the chief of police
may adopt written rules and regulations that are consistent with the provisions of this chapter.
9.06.070 Non-residential/commercial alarm systems exempt
The provisions of this chapter do not apply to alarms installed in automobiles,
motorcycles, boats, boat trailers, recreational vehicles, aircraft, or alarms carried by or worn on a
person.
9.06.080 Government entities exempt from fees, fines and charges
Except for provisions relating to permit fees and false alarm fines, municipal, county,
state and federal agencies are required to comply with, and are subject to, the provisions of this
chapter.
9.06.090 Fees, fines and charges
The amount of all fees, fines, and charges specified. in this chapter shall be set by
resolution of the city council, in accordance with Chula Vista Municipal Code Chapter 3.45,
Master Fee Schedule.
9.06.100 Confidentiality
To the extent authorized by state law, the information furnished to .the city pursuant to
this chapter shall be kept confidential by the city and the alarm administrator, and shall not be
subject to public inspection or disclosure.
Article II.
Alarm Company Licenses and Duties.
9.06.110 Alarm company licenses required
A. Pursuant to Chula Vista Municipal Code Section 5.02.020, every alarm company must
have a valid business license issued by the city before conducting alarm-related business or
providing alarm-related services in the city.
10-20
Ordinance No.
Page 13
B. In addition to a city business license, every alarm company doing business in the city
must possess a valid license issued by the State of California, Department of Consumer Affairs,
Bureau of Security and Investigative Services, pursuant to the Alarm Company Act, Business
and Professions Code Section 7590 et seq. A copy of this state license shall be submitted with
the application for a city business license,
C. If a state alarm license is suspended, revoked or otherwise invalidated by the issuing
authority, the alarm company must notify the alarm administrator in writing within three days
and must cease business operations in the city.
D. Violation of this section is punishable pursuant to Chula Vista Municipal Code
Chapter 1.20, General Penalty.
9.06.120 Denial of business license -Appeal -Hearing -Notice required
Pursuant to Chula Vista Municipal Code Section 5.02.110, in cases where a business
license is denied, the applicant shall have the right to appeal such denial of a license to the city
manager. Such appeal shall be in writing and shall be delivered to the office of the city manager
within 10 days of the notice of disqualification. The city manager, or official designee, shall hear
and determine the appeal within 60 days after it is filed. The hearing shall be conducted in
accordance with the provisions of Chapter 1.40, Administrative Procedure and Process, Chula
Vista Municipal Code. The determination of the city manager or official designee shall be final.
A fee as set forth in the master fee schedule shall be imposed by the city manager as a condition
to filing any appeal. The fee shall not be greater than the anticipated cost of processing and
conducting the appeal, and if the appeal results in issuance of the license, the appeal fee shall be
reimbursed to the applicant in accordance with the provisions of Chapter 1.40, Chula Vista
Municipal Code.
9.06.130 Alarm company duties
A. All alarm installation and/or monitoring companies shall ensure that their customer
information is updated with the alarm administrator or designee at least monthly. This
information shall include, but is not limited to:
1. customer name and contact information (i.e., all phone numbers, email
addresses);
2. alarm site address and billing address;
3. monitoring company name and contact information; and
4. installation date, or date the alarm monitoring ended.
B. All alarm installation and/or monitoring companies shall ensure that an on-site
inspection of the alarm system shall occur at least once every three years. The records of these
inspections shall be made available to the alarm administrator upon request.
C. The alarm installation company shall provide written and oral instructions to each of
its alarm users in the proper use and operation of their alarm systems. Such instructions will
specifically include all instructions necessary to turn the alarm system on and off and to prevent
false alarms.
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D. Alarm installation companies shall not program alarm systems so that they are capable
of sending one-plus duress alarms.
E. Alarm installation companies shall not install a device to activate ahold-up alarm,
which is a single action, non-recessed button.
F. Alarm installation companies shall, on new installations, use only alarm control panels
that are listed with Underwriters' Laboratories, Inc. or a nationally recognized testing
organization.
G. An alarm company shall not install or use automatic voice dialers which call 911 or
the police department.
H. After completion of the installation of an alarm system, an alarm company employee
shall review with the alarm user a false alarm prevention checklist established by the alarm
administrator.
I. Every alarm system monitoring company shall:
1. report alarm activations or signals by using the telephone numbers designated
by the alarm administrator.
2. attempt to verify every security alarm signal prior to requesting a police
dispatch by making at least two phone calls to the alarm site and responsible party or
parties, pursuant to Section 9.06.050.
a. This procedure does not apply to duress signals.
b. This procedure does not apply to cases in which the alarm system
monitoring company detects a crime or attempted crime in progress
through an alarm system's audio or video.
3. communicate alarm dispatch requests to the department in a manner and form
determined by the alarm administrator. Such requests shall include, at a minimum:
a. any available information (north, south, front, back, floor, etc.) about the
location on all alarm signals related to the alarm dispatch request.
b. type of alarm activation (silent or audible, interior or perimeter.)
c. an alarm permit number when requesting an officer dispatch.
4. communicate cancellations to the department in a manner and form determined
by the alarm administrator.
5. ensure that all alarm users of alarm systems equipped with duress, hold-up or
panic alarm(s) are given adequate training as to the proper use of the duress, hold-up or
panic alarm(s).
a. Alarm system training shall be provided to every alarm user and/or
additional training provided in situations where the alarm user has incurred four
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or more false duress alarms in a 12-month period resulting from unintentional,
intentional, or accidental activation.
6. after an alarm dispatch request, promptly advise the Department if the
monitoring company knows that the alarm user or a responder is on the way to the alarm
site.
7. attempt to contact the alarm user or responder within twenty-four hours via
mail, fax, telephone or other electronic means when an alarm dispatch request is made.
8. maintain for a period of at least one year from the date of the alarm dispatch
request, records relating to alarm dispatch requests.
a. Records must include the:
i. name, address, telephone number, and email address of the alarm user;
ii. alarm system zone(s) activated
iii. time of alarm dispatch request
iv. evidence of an attempt to verify
b. The alarm administrator may request and an alarm system monitoring
company shall provide copies of such records for individually named alarm users.
c. If the request is made within sixty days of an alarm dispatch request, the
monitoring company shall furnish requested records within ten business days of
receiving the request.
d. If the records are requested between sixty days to one year after an alarm
dispatch request, the monitoring company shall furnish the requested records
within thirty days of receiving the request.
e. To the extent permitted under the law, the records described in this section
shall be treated as confidential by the alarm system monitoring company and the
city.
J. An alarm installation company and/or monitoring company that purchases alarm
system accounts from another person shall notify the alarm administrator of such purchase and
provide details as may be reasonably requested by the alarm administrator.
Article III Alarm User Duties and Permits
9.06.140 Alarm user duties
A. Each alarm user is responsible for:
1. obtaining a permit from the city for his or her alarm system within 30 days after
installation or prior to activation, whichever is first.
2. paying the permit fee.
3. providing to and maintaining with the city current contact information.
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B. Each alarm user is responsible for ensuring that his or her alarm system is used
lawfully, properly, and in accordance with the manufacturer's directions. Inherent in this
responsibility is ensuring that all persons with access to the alarm system are properly trained on
correct use of the system, are authorized to cancel accidental activations, and ensuring that
procedures and practices are followed that minimize the risk of false alarms.
C. Each alarm user is responsible for keeping his or her alarm system properly
maintained and in good working order.
D. Each alarm user is financially responsible for paying permit fees, fines associated with
a police response to false alarms from his or her alarm site, and any other related charges. (See
the Master Fee Schedule.)
E. An alarm user's failure to meet the responsibilities listed in subsections (A), (B), (C)
or (D) of this section, or any other requirement for alarm users imposed in this chapter, may lead
to revocation of the alarm permit. See Section 9.06.170, revocation of alarm use permit.
9.06.150 Alarm permit required
A. No person shall use an alarm system installed in a building or structure in the city
unless the person holds a valid alarm permit issued pursuant to this chapter.
B. No alarm company providing alarm-related services in the city shall activate an alarm
monitoring service or initiate alarm dispatch requests relative to any alarm site in the city unless
the alarm user has first obtained an alarm permit as required in this chapter.
C. Each alarm permit shall be valid for only one alarm system, one location, and one
alarm user. '
D. Operating an alarm without an alarm permit is subject to a fine, the equivalent of a
first-time false alarm fine, as set out in the city's Master Fee Schedule. The fine may be reduced
one time per alarm site by the amount of the alarm permit, if the user obtains an alarm permit
within 30 days of incurring the false alarm fine.
E. Each alarm permit shall be valid for one year from the date of issuance, unless earlier
revoked pursuant to this chapter.
F. Two-year alarm permits that are valid on the date this ordinance becomes effective
will be honored for the duration of the permit, unless earlier revoked pursuant to this chapter. An
annual permit will be required upon expiration of the two-year permit.
G. An alarm permit is attached to the alarm user and the alarm site and is not transferable.
1. A new alarm permit must be obtained by the new owner/occupant whenever
there is a change of ownership or control of an alarm site.
H. Information required in the alarm permit application shall be determined by the alarm
administrator and shall include pertinent contact information, including but not limited to the
following: user name, address, email address, contact phone numbers, alarm system information,
and contact information for the alarm monitoring service.
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I. An alarm permit may be renewed under the following conditions:
I. The alarm site has no past-due fees, fines or penalty assessments.
2. The permit has not been revoked for excessive false alarms.
3. The alarm user either updates his/her permit information or verifies that the
permit information is still correct.
4. The appropriate annual permit fee is paid.
J. Renewal information and fees are due and must be submitted to the alarm administrator
on or before the expiration date of the permit each year.
K. Alarm permit fees are listed in the City of Chula Vista's Master Fee Schedule,
available from the Finance Department or on the City's website.
9.06.160 Denial of alarm permit
The alarm administrator shall deny the issuance of an alarm permit to an applicant if one
or more of the following circumstances exist:
A. The alarm system does not comply with this chapter or the rules and regulations
adopted by the chief of police pursuant to this chapter.
B. The applicant has knowingly made any false, misleading or fraudulent statement of a
material fact in the application for an alarm permit, or in any report or record
required to be filed with the city pursuant to the provisions of this chapter.
C. The applicant has failed to remit payment of fees, fines, or charges owed under this
chapter and the Master Fee Schedule up to the date of the filing of the application.
D. The applicant has had an alarm permit previously revoked within one year of the date
of the application, and the applicant cannot provide evidence to the alarm
administrator's satisfaction that a material changes in circumstances has occurred
since the date of revocation indicating the applicant's ability to comply with the
provisions of this chapter.
E. The applicant has violated any of the provisions of this chapter within three years
prior to the date of application; unless the applicant provided evidence to the alarm
administrator's satisfaction that the applicant is capable of complying with the
provisions of this chapter.
9.06.170 Revocation of alarm permit
A. Four or more false alarms. An alarm permit may be revoked for the duration of the
permit upon the fourth false alarm in a 12-month period.
B. Additional grounds for revocation. An alarm permit may be revoked for the duration
of the alarm permit for any of the grounds for denial of alarm permit issuance listed in Section
9.06.160.
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C. An alarm user whose alarm permit has been revoked pursuant to this chapter may
apply for reinstatement of the alarm permit by (1) completing a false alarm awareness class, and
(2) submitting afalse-alarm abatement plan for the approval of the alarm administrator, and (3)
paying any and all false alarm fines and penalties due.
D. False alarm awareness class. The alarm administrator shall make available an on-line
false alarm awareness class to those whose alarm permits have been revoked pursuant to this
section.
1. Successful completion of the alarm administrator's false alarm awareness
class by an alarm user also may serve in lieu of payment of a first-time false alarm fine, one
time, per registered alarm site.
a. Following successful completions of the false alarm awaeeness class, the
next false alarm will be billed as second false alarm under the city's Master Fee Schedule.
2. Any enrollment fee for the false alarm awaeeness class shall be less than the
fine for afirst-time false alarm, as set out in the Master Fee Schedule.
9.06.180 Verified response required
A. Verification that a crime or attempted crime is in progress must be provided by an
alarm system monitoring company concurrently with a request for a police response to a security
alarm at alarm sites with excessive false alarms -four or more false alarms in a 12-month period
- in the following circumstances:
1. No permit. When an alarm site without a valid alarm permit has four or more
false alarms in a 12-month period; or
2. Permit revoked. When an alarm permit has been revoked pursuant to Section
9.06.170.A (four or more false alarms in a 12-month period); or
3. Exempt. When an alarm user that is exempt from this chapter has four or more
false alarms in a 12-month period.
B. Verification shall be by real-time audio or video surveillance provided by the alarm
system and reviewed by the alarm system monitoring company, or by a third-party report from
the alarm site sent to the alarm system monitoring company, that positively verifies evidence of a
crime or an attempted crime at the alarm site.
C. The alarm system monitoring company shall retain evidence of the verification for
one year from the alarm and shall provide copies of such evidence to the alarm administrator
upon request.
D. If an alarm user appeals the requirement for verified response, pursuant to Section
9.06.220, the alarm user must demonstrate compliance with the provisions of this chapter,
including (1) obtaining a valid alarm permit; (2) completing a false alarm awaeeness class; (3)
submitting afalse-alarm abatement plan for the approval of the alarm administrator; and (4)
paying any and all false alarm fines and penalties due.
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9.06.190 Right to discontinue response
The Deparhnent reserves the right to discontinue a police response to any alarm site for
excessive false alarms -four or more false alarms in a 12-month period. Eligibility for a police
response may be reinstated pursuant to Section 9.06.180.A.
9.06.200 Cancellation of dispatch requests
An alarm system monitoring service shall communicate cancellation of a request for a
police response in the manner required by the alarm administrator. Cancellation of a request for a
police response to an alarm before a police officer is assigned to the call shall not count as a false
alarm for the purposes of this chapter.
9.06.210 Annual renewal of alarm permit
Alarm permits must be renewed annually.
A. The renewal application shall be submitted to the alarm administrator, accompanied
by a nonrefundable renewal application fee.
B. Renewal may be denied for any reason that is grounds for denial or revocation of the
user permit, pursuant to Section 9.06.160 or Section 9.06.170.
9.06.220 Notices of denial or revocation of alarm permit; fines; verified response required;
appeal
A. If the alarm administrator determines that an alarm permit should be denied, or
revoked, or a false-alarm fine imposed on an alarm user, or that a verified response is required,
the alarm administrator must provide the alarm user with written notice thereof, including the
reasons therefore. The notice may be provided by email, facsimile or U.S. mail.
B. The alarm user shall have the right to appeal such denial, revocation, fine or verified
response requirement to the city. Such appeal shall be in writing and shall be delivered to the
office of the city manager within 10 days of the date of the notice of denial, revocation or fine.
The city manager or his or her designee, acting as the alarm appeals officer, shall hear and
determine the appeal within 60 days after it is received by-the city manager. The hearing shall be
conducted in accordance with the provisions of Chapter 1.40, Chula Vista Municipal Code. The
determination of the city manager or designee shall be final. A fee as set forth in the Master Fee
Schedule shall be imposed by the city manager as a condition to filing any appeal. The fee shall
not be greater than the anticipated cost of processing and conducting the appeal in accordance
with the provisions of Chapter 1.40, Chula Vista Municipal Code.
Article IV. Alarm System Standards.
9.06.230 Alarm System -Manufacturing standards.
A. Alarm systems installed within the city after enactment of this chapter shall be listed
with Underwriters' Laboratories, Inc., or a nationally recognized testing organization.
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B. The alarm administrator may grant an exception to the requirement in subsection A of
this section when the alarm administrator determines that the alarm system meets or exceeds the
applicable alarm testing standazds set by Underwriters' Laboratories, Inc. or a nationally
recognized testing organization. The alazm administrator may require the alarm company or
alarm user to submit documentation and certification from a qualified authority necessary to
make the exception determination.
C. One-plus duress response alarms are not permitted under any circumstances.
9.06.240 Alarm System -Operational standards
A. Audible alarms. No person shall install or use any alarm system with an alarm that is
audible for a period of more than fifteen (15) minutes each time the alarm is activated.
B. Automatic alarms. No person. shall install or use any alarm system that automatically
sends any pre-recorded message or signal to the city, its officers, or employees without the prior
written consent of the chief of police.
C Differentiation of security/robbery alarms. No person shall operate a security alarm
system in the city that fails to differentiate security/property/intrusion alarm activations from
robbery/hold-up/panic/duress alarm activations, or that fails to accurately report such activations
independently.
D. Differentiation of other alarms. No person shall operate a security alarm system in the
city that fails to differentiate police incidents (i.e., security/property/intrusion alarm activations,
robbery/hold-up/panic/duress alarm activations) from fire, medical or other non-police incidents,
or that fails to accurately report such incidents independently.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections,' sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
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Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By:
David Bejarano
Police Chief
Approved as to form by:
G en R. oogins
City Attorney
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