HomeMy WebLinkAbout2013/11/19 Item 03 �.:.. . ���.
- .__ _-��-�_-���. C I TY C O U N C I L
� ��Y � r�.- AGENDA STATEMENT
- '-°��`�� ��v�
�� CITY OF
CHUTAVISTA
\OVEMBER 19. 20li Item 3
COVERSHEET
Attached is the original staff re�ort regarding the updated Securih� Alazm Ordinance
ori�inall}� presented on Ma�� 28 ; 2012. This is beine presented for 2"d Reading and
adoption. �
ORDINAi\iCE OF THE CITY OF CHLJLA \%ISTA AA4EI�TDING AI�TD RESTATI\'G IN
ITS ENTIRET�' CHULA VISTA I�4LJI�TICIPAL CODE CI-IAPTER 9.06. SECU-RITY
ALARA4 SYSTEMS. �'�'ITH TI�NEW TITLE `�SECURITY AL�RI�7S"
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� C1TY COUNCIL
AGENDA STATEMENT
` �`� CITY OF
CHUTA VISfA
MAY 28, 2013 ITEM �D
ITEVI TITLE: ORDIN.4��tCE OF THE CITY OF CHULA VISTA
AMENDII�'G AND RESTATING IN ITS ENTIRETY CHULA
VISTA M'UNICIPAL 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
SiTNIiV1ARY
To continuously improve public safety services and operational efficiency, the Police
Department proposes repealing the existing municipal code section on security alanns
and replacing it with a new section, which unplements best practices for reducing police
dispatches to false security alarms.
E1V�VIRONMENTAL REVIEVV
This proposed activity has been reviewed for wmpliance with the Califomia
Environmental Quality Act (CEQA). Staff has determined that the activity is not a
"ProjecY' as defined under Section 15378 ofthe State CEQA Guidelines because it wi]]
not result in a pbysical change in the environment. Therefore, pursuant to Section
15060(c)(3) of the State C£QA Guidelines, the activity is not subject to the CEQA, and
no envuonmental review is necessary.
RECOMA�LENDATION
Council adopt the Ordinance and place on a future agenda for second readin�.
BOARDS/COMMISSION RECOMI4ENDATION
Not applicable.
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DISCUSSION
I. B�CICGROUI�'D
In aa effort to �eet the public safe;y need� of a gro��ng city with its diminishefl
resources, the Department hired 2vlatrix Consultine Group of Palo Alto, California to
conduct a coinprehensi�e study of staffmg and operatioaal oractices. Matrix presented the
first phase of its study to the City Council in May 2012. In addition to urgin� the
Dep�tment to hire more police officers and to acquire improved hazdwaze and sofrcvzre
systems, the study recommended several operational changes to increase efficiency and
secure uncommitted time, or proadive time, for officers. Uncommitted tune allows
officers to proactively address crune and disorder problems throughout the City. MaL-ir
recommended a ratio of proactive tune of approxunately 40% of total on-duty tune.
Current?y, officers have orily 22% of proactive time available to address crime and
disorder issues throughout the City. Matrix also recommended fhat the City adopt a
policy requiring a verified response to a security alazm before officers are dispatcbed.
Vdith verified response, real-time confirmation from the alarm site must be provieed by
an alarm system's audio or video features, or by an independent thffd pazty. Only a�te;
Lhat confirm2tion would an officer be dispatched to the scene.
The Department pmvided information on verified response to all current alarm peimit
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 alazm 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
requirine veri5ed response only after a number of false alarms.
Since August 2012. the Department evaluated the_.comments from meeting attendees,
solicited other cor,ununity feedback, met �i�ith members of Califomia's alarm 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%. �'�%rth a new ordinance, and a third-party
administrator of the program the Department expects to achieve significant reductions in
police dispatches to false alarms.
After an e�austive study of the false alazm problem which included evaluatin� feedback
from citizens, analyzing the impacts on police serv-ices, and inviting input from the alarm
industry, tbe Depar�ment is recommending a modernvation of its ordinance and the
implementation ofbest practices to reduce police dispatches to false alarms.
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- II. FALSE P.I.ARlYIS
A. Alarm Systems
Alann systems —"security alarms"— aze widely available to consumers. New homes are
often pre-wired for alazm systems, and kits are available in stores for do-it-yourself
homeowners and business o�mers. By promising a police response to security alazm
activation, alarm companies market peace of mind to the subscriber.
Alum 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 alarm
user to determine whether an alazm activation is valid or false. Human error, pets, wind,
equipment malfunction; and unproper installation aze common causes of false alanns. If
the monitoring service is unable to reach a subscnber, 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 alazm call during daylight hours and two of6cers to
an alarm call during hours of darkness.
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 alann 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 alazmed
properties sat vacant, or presumably, fewer residents could afford to maintain alarm
service coatracts �i�hen 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 Chu]a Vista during the past three yeazs
(7/1/09-6/30/12). During this three-yeaz 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 alann site, has determined that a crime did not
occur. In the past three yeazs (7/1/09-6/.i0/12,) 99.7% of all residential security alarms
were false, and 98.6% of commercial security alamLS 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 yeazs (7/1/09-6/30/12), Chula Vista officers responded to 8,094 residential security
alarms; but oaly 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 tir,�e period, officers responded to 9,b46 commercial security alarms, but just six
incidents resulted in bvrglary arrests. These extremely low apprehension figures are not
surprising given the very short amount oftime bur�lars t}pically spend inside a ho*.ne or
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business and the time r takes officers to respond. The a�era2e resporse time to security
aL�**n calis recei�ed by the Department between 7/ll09 and 6/30/IZ was 16 m:nutes, �8
seconds.
III. BEST PR�CrICES
Chula Vista's alarm ordinance vvas enacted in 1982 and most recently updated in 199�. It
incorporates some best practices identified by the alazm industry. For exzmple, alarn
users ue required to obtain a permit. As set out in the city's A4aster Fee Schedule, a two-
year permit curent3y is ��0 for residences and 5100 for businesses. Also, the ordinance
provides for faLse alarm fines. However, the current ordinance allo«s a high tolerance for
false secu.-ity alaa-ms: it a11oHS for two "free' false security alarms before there is any
consequence administered by the Department. The third false alazm results in only a S�0
fine. Fines for the founh and suosequent false security zlarms in a rolling ttrelve-month
period aze 5100. `
The Department's research indicates that best p;actices, w�hen strictly enforced, can result
in a neazly SO% reduction in false alazm dispatches. The Secwity Indus:ry Alann
Coalition (SIAC), as well as the Department of Justice's Community Qriented Policv�g
Services, suggest .hat all a!ann s}'stems must be registered; fines must be escalatine and
meaninaful; the police aeency must restrict its response to ct�ronic abuers (such as
revokine alarm permits, discont;nuing response; or requiring verification of the alarm
before initiazing a police response); requiring attempte3 verification by the alar� monitor
(enhanced call ��erification); notifr�ng the alann user of all activations resulting in a
police dispatch; and providinLlrequuing alarm user training. The proposed ne��� ordinance
includes all of these best praaices. Attachment "A" highlieuts the chan�es bet��een the
curent and proposed ordinances.
Some key provisions ofthe new ordinance are: -
. Alarm rnonitoring companies must make at le�t two artempts to contact the alarrn
oHner or desienee to d�ern�ine ��hether an alazm is valid or false before
wntactinQ the Depastment _`or an officer response. This procedure is not required
fur "panir' or "duress' alarms.
• Pernut holders may take a iaLse alann a���areness class, one tirrte, ie lieu of paying
a first-time false alazm peaalty. The ciass is required to re-�s�ate an alarm pe:mii
that has been revoked for more than fo�r £aLse secur.ty ala.-ms in a tN•eh�e-monfh
period. -
• For e�icessive false security alazms; an alarm monitoring company mL:st verify a
cnsne or anempted crimz at the alar:s site�efore reeuestin� or receivu�� a police
response.
• The duration oi alzsm pern,.its will no��e fros,twenri-four months to rivelee -
months. �-mua1 permitting will ers�nce maintai�zina curre;it contact :nformation
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for alann ou�ners, 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 are currently $50 for a
24-month residential permit and$100 for a 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 alann penalties as follows:
� • . .. - ' . .• -. 0 • . �
lu No Fine 5100
2° � No Fine S20Q
; � �50 �500
4 and subs uent �100 �500- �
While the proposed ordinance addresses the problem of false security alarnis 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
t}pes of activations.
The proposed chanees to the City's alarm ordinance are a result of the DepaRment
needing to find ways to increase proactive time for patrol officers. By using the core
wmponents of continuous improvement, the Department has identified a sienificant
amount of tune wasted by dispatchers and police officers recording and responding to
false security alazms rather than actual or suspected crirnes. 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 ordmance protects the Department in the future when the
economy continues to unprove and the city's population grows. It is reasonabie 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
expecterl to be si�nificantly lowez under the new ordinance.
' Can be waived on ln alarm if alarm owner completes alarm user cours,e. Every false alarm after tlils u�ll
be fined.
"Now subject to full ven5ed response conditions—permit subject to revocation.
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IV'. LMPLEl1iEN'T�TION
The Deparment plzrs to contract w�:h a third-pam- administration service to manaee the
alazm pro�am under the new ordinance. The third-party adaninistrator is an outside
vendor and will be tasked x�th permitting; collecting fees oriline, provi�ine t�he false-
alann awazeness class; and trackin� and billing for false securit� alarms. This chanee will
significantly improve the City's ability to manaee the alazm progra,-n and will bring the
pro�azn ua to a hi�her st2ndazd because of the automation that a third-par[y
adminis�ator can offer in this specialized azea. Security alarm ow�ers will be able to
make permit pz}�nents and fine pa}�nents on-line, as well as see historical acrivitv to
their residence. The third parcy administrator�zll also provide a false security alarm
aw•areness class in w-hich first time offenders can ha��e the fine waived for their first false
securit;�alann if they successfully complete the or�-line class. The on-]ine class will
demonstrate proper alarm usage and eive sugeestions on how to mitieate false security
alarms. The cost of the third-party administrator has not been de?ermined cet as t}:e
Depamnent still needs to issue a Requesi For Propos2l for the contract. T}�pically, the
costs for this n�pe of service aze approacimately 20% of the total revenue collected, This
fee is neeoriable and staff is determinine whether to incorporate that cost inro the
proposed fees (which will be p*esent°d as part of the h4aster Fee Schedule update
tentativel}� 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 adminis�ation service. After selection, staff w711 work
with the administrator to accomplish the transition. Anticipated transition tasks include
transferring information on existine permits, coordinatine the computer-aided dispatch
system with alazm permit and false alarm data, and training Department staff. Once
implementation is complete; the Department w•ill move forward with the second readin�
of the ordinance to implement the new municipal code, w�hicn �iill govem the security
alazm pro�ram.
As stated, the Department is worl:ine 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
Depamnent w�ill notify current permit holders of ne«- alarm program requirements.
Because of these outstanding imp?ementation tasks, li'�e Department anUCipa*.es b;inging
the proposed new alarm ordinance back to Council for second *eadin� and adoption, �vith
a report on unplementation, in the next three months, with the goal of full impiemeatation
by September 30, 2013.
DECISION MAKER CONFLICT
Szff has re�-iewed the decision contemplated by this action and has determined that it is
not- site specific and consequently, the �Od-foot rule found in California Code oi
Regulations section 19704.2(a)(1) is not applicable to this decision. Stzi"�' is not
independently awaze, nor has staff been informed by any City Councilmember, of zny
fact that mav constit�te a basis for z decision maker conflict of interest in this matter.
' CU"RRENT YEAR FISCAL IAZPACT
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Full implementation of this security alarm ordinance will not occur unti] fiscal ;�eaz 2014.
Therefore, the Department does not expect any negative impacts to the General Fund for
fiscal vear 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 yeaz 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 ���hat the final fiscal impact of implementing this ordinance will be
with any certainty. The Depariment 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 fe��� years. Additionally, a]though there will be an increase in alarm penalty
assessments, the goal of this ordinance is to significantly reduce the number of false
alartn activations. The potential exists that revenue collected from alarm penalties under
the new ordinance will actuallp decrease if the new ordinance is successful.
In fiscal yeaz 2011-12, the Cit�� 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 yeaz 2012-13 budgeted amount of$39,000. The fiscal year 2013-14
_ budget reflects 539,000 of anticipated false alarm penalty revenues.
ATTACHMENTS
Attachment"A"—Compazison Chart
Attachment "B"— Security Alarm Ordinance
Prepared by.• Police Department-Gary Ficaccr, Captarn,; Ed Chew, Administrative Servrcu Manager,;
Me/anie CufuG.o, Pub(ic Safery Analysr, Ciry Attorney's Office- Caro(Trujillo, Depvry Ciry Attorney
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o��.r,�vcE uo. gECOND RF1�1NG AN� ����N '
ORDIN��CE OF THE CIT1' OF CHtiLA ��ISTA A_�4ENDI�G
AIvD RESTATIIvG I'v TI'S ENTIRETY CHULA V"ISTA
ML�ICIPAL CODE CHAPTER 9.06, SECURITY AL.AR'vi �
SYSTEMS. W7TH THE NE��J TITLE "SECURITI� aL�4S°°
WZ-IEREAS, Chula Vista Municipal Code Chapter 9.06, securitv alazm s}�stems; �vas
adopted in 1982 and amended in 1995 to require regisri-ation of security alazms and to reduce
false activations of such alarms; and
�iT�R.EAS; a ne�v municipal code chapter regulating security alazms is necessarv to
implement best pracdces identified by the alarm industry that reduce police dispatches to false
alarms: and
VJHEREAS, the Chula V"ista Police Deparcment seeks to continuously improve public
safeq� sen�ices for all residents and to most efficiendy use its timited resources; and
�'��T�EREAS, Department officers responded to more than �,400 alarms in 2012 at
residences and businesses; and
V��REAS, alarms accounted for 8 percent of ail calls for sen�ice to the Department in
2012 and were the number one call type for Fiscal Yeazs 2009-10 to 2011-12; and
A'I-IEREAS, nearly all alarms aze false: 99.7 percent of residential alarms are false and
95.6 percent of commercial alarms aze false; and
R'HEREAS, the Department has idenufied false alarms as an excessive and unnecessary
drain on its limited resources; and
«%HEREAS, responding to false alarms tal:es police officers and police dispatchers a��ay
from actual public safety needs, to the detriment of true crime victims and the entire community;
and
�VHEREAS, a consultant`s srudy of staffing and operational practices in 2012
recommended that the Department require a verified response to alarms — confirmation pro��ided
by an alarm company through a securiry guazd, ��ideo, 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
W"HEREAS, the consultant's study of staffing and operationa] practices in 2012 found
that uniformed field officers' overall proactive time for patrol operations ��as at 22% - an
inadequate ratio to perform the most effective policin� in the communin; and
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WHEREAS, tbe Department's proposal to require a verified response for security alarms
was opposed by members of the alarm industry and most of the approxunately b0 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 alartns 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 Depamnent
subsequently reseazched ideas and opinions from alarm users in the community and how to best
use verified response, identified alarm-industry best practices, and consulted ti�ith members of
the alarm industry at the local, state and national levels; and
WHEREAS, modem 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 years by incorporating alarm-industry
best practices, such as requiring registration of alarm permits; requiring enhanced call
verification— alazm monitors must make at least two phone calls to the alarm user before calling
police; enforcing false alazm fines; accepting cancellations of service requests prior to dispatch;
suspending a police response to chronic abusers; and using a third-party administrator to
administer the ordinance; and �
WHEREAS, by implementing best practices, the Department anticipates a reduction of
police dispatches to false alazms, �fiich would free up officers to focus on actual public safety
needs; reduce response times io urgent calls, such as domestic vio]ence; and permit ofFicers to
work proactively on community priorities, as well as crime prevention.
NO W 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, SecuriYy Alarm Systems, is hereby amended and
restated in its entirety w�th the new title, Security Alarms, as follows:
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Chapter 9.06
SECURITY ALARMS
Article I. General Provisions and Definitions
9.06.010 Short title
9.06.020 Legislative fmdings and purpose
9.06.030 No city duty created
4.06.040 Definitions
9.06.050 Enhanced call verification required
9.06.060 Adminis�ation by chief of police
9.06.070 Non-residential/commercial alarm systems exempt
9.06.080 Government entities exempt from fees, fines and charges
9.06.090 Fines, fees and chazges
9.06.100 Confidentiality
Article IL Alazm Company Licenses and Duties
9.06.110 Alazm company licenses required
9.06.120 Denial of business license—Appeal—Hearing—Notice required
9.06.130 Alarm company duties
Article III. Alarm liser Duties and Permits
9.06.140 Alazm user duties
9.06.150 Alarm permit required
9.06.160 Denial of alann permit
9.06.170 Revocation of alarm pemut
9.06.180 Verified response required
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O;dinance �o.
PaQe 9
9.Ob.190 Rieht to discontinue response
9.06?00 Cancellation of dispatch requests
9.06?10 Annual renew�al of alarm permit
9.06.220 Notices of denial or revocation of alazm permit; fines; verified response required;
appeal
Anicle IV. Alann System Standards
9.06.230 Alarm System - Manufacturing standards
9.06?40 Alarm System - Operational standazds
Artide I.
Genzral Pro��isions and Definitions
9.06.010 Short title
This chapter shall be kno�n and cited as the "Chula Vista secunt}� alarm ordinance."
9.05A20 Legislative findings and purpose
The cit�� council finds and determines that:
A. Inadequately operated, maintained or installed security alarm systems in residential
and co;nmercial buildines can cause false alazms;
B. The persistent, high ��olume of false alarms endangers the health, safety and welfaze of
the ciry's residents;
C. False alarms also drain limited police resources by preventing, diverting; or dela��ing
police officers and police dispatchers from servine actual public safety needs, such as answering
calls for sen�ice, addressing the communitv's public safety priorities, enforcing la�+�s,
im-estieatine and solving crimes. and preventing crime;
D. The unnecessazy waste of public ta�c dollars by police responses to false alazms must
be reduced;
E. Reeu]atinQ alazm systems, alarm users, and companies that provide alazm 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 safetv and protection
pro��ded by law enforcement;
F. The purpose of this chapter is to encourage alarm businesses and alarm users to
maintain the operational viabilit}� of theu securitv alarm s��stems and to significantl�� reduce or
eliminate false alarm dispatch requesu made to the police department;
G. Regulatin� alarm systems installed in buildings; alarm users; and alarm businesses is a
matter of public policy in pursuing security and promotin� the public health: safety and weifare
of the cit}� and its residents.
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Ordinance No.
Page 10
9.06.030 No city duty created
The provisions of this chaprer aze adopted as an exercise of the city's police power to
promote the public healih safety, and welfare and aze not intended to protect individuals or
otherwise establish or create a special relationship with any particulaz class or d oup 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 owming,
operating, monitoring, or maintaining alann systems within the city. Nothing in this chapter shall
be interpreted as requiring or promising any response by public safety officers to any alazm.
9.06.040 Definitions
A. "Alarm administrator" means the person desigiated 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. "Alazm appeals officer" means the person designated by the city manager to heaz and decide
appeals related to fines and denials and revocations of alarm permits pursuant to Section
9.06.220.
C. "Alazm 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 i❑ an alazm business for any consideration
whatsoever. This term includes an "alazm system monitoring company."
E. "Alarm dispatch requesP' means a communication to the deparhnent, via police dispatch, by
an alarm company indicating that an alarm system has.been activated at a particulaz alarm site
and requesting a police response to that alarm site.
F. "Alarm system" means an "alann system" as defined in Califomia Business and Professions
Code Section 7590.1 and which is installed in a building.
G. °Alann system monitoring company' or "monitoring company" means any person that, for
any consideration whatsoever, engages in the business, practice, or profession of monitoring
alazm 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 permiY' means that permit required under Section 9.06.150.
J. "Audible alann" means an alann system that, when activated, generates an audible sound at its
location.
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Ordinance No.
Paae 11
K. "Chief of police" means the chief of police of the city or his or her desienee.
L. "Cit}r` means the Ciri� of Chula Vista and/or the area tiithin the incorporated municipal
boundaries of the City of Chula V'ista.
M. `�Departmenr` means the Chula Vista Police Deparimenc.
N. "Duress alazm ' (also "hold-up alazm,° "panic alarm," or "robbery alarm") means an alarm
si�al aenerated by the manual or automatic activation of a de�ice, or any system, de��ice or
mechanism, installed in or neaz a building intended to signal that a robberv or other serious crim:
is in proeress. and tha[ one or more persons aze in need of immediate police assistance in order to
avoid injurv, serious bodily harm or death.
O. "Enhanced call ��erification" is a monitoring procedure requiring that a minimum of t�+�o ca11s
be made prior to inaking an alarm dispatch request. At least t�vo ca11s must be made to different
phone numbers where a responsible party can typically be reached.
P. "False alarm" means an alazm to w�hich 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 at[ributed to have caused the alarm activation, or the respondine officer is unable to
determine if e��idence of a crime or attempted crime is present because the site is inaccessible.
Q. "One-plus duress alazm," prohibited by 9.06.li0.D and 9.Ob.230.C, means an alarm system
that permits the manual acti��ation of an alarm signal by entering on a keypad a code that adds
the ��alue of one ("1") to the last digit of iu usual arm/disarm code.
R. "Panic alarm '— see Subsection I�', "duress alarm."
S. "Person," for purposes of this chapter; ' means an indii•idual, individuals; corporation,
partnership, association, oraanization or sirnilaz entiry.
T. "Robbery alarm"— see Subsection 1�', `'duress alarm."
U. "Verified response" means information received from a person physically present at an alarm
site, or from real-time audio or video sun�eillance at the site; that positively ��erifies evidence of a
crime or an attempted crime at the alarm site.
9.06.050 Enhanced call verification required
A. 1�o alarm s}�stem monitorine compan}� shall request a police response to an alarm
unless the alarm svstem monitorine company has alreadv made at least two telephone calls to
determine whether the alazm sienal is calid or false.
B. One telephone call shall be to the premises �ti�here the alarm s}�stem is located. The
second telephone call shall be to an aliemate telephone number designated by the alann user for
this purpose.
C. This requirement for enhanced call verificarion shall not apply to duress alarms.
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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 aze consistent with the provisions of this chapter.
9.06.070 Non-residentiaUcommercial alarm systems exempt - -
The provisions of this chapter do not apply to alarms installed in automobi]es,
motorcycles, boats; boat trailers, recreational ��ehicles, aircraft, or alarms carried by or wom on a
person.
9.06.080 Govemment entities exempt from fees, fines and charges
Except for provisions relating to permit fees and false alarm fines, municipal, county,
state and federal agencies aze required to comply v.Rth, and aze subject to, the provisions of this
chapter.
9.06.090 Fees, fines and chazges
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.�5;
Master Fee Schedule.
9.06.100 Confidentiality
To the extent authorized by state law, the information fiunished 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.
Aiarm Company Licenses and Duties.
9.06.110 Alarm company ]icenses 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.
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Ordiaance No.
Paee 13
B. In addition to a city business license, e��ery alarm company doing business in the cit��
must possess a ��alid license issued by the State of Califomia, Department of Consumer Affairs,
Bureau of Security and Investieative Services, pursuant to the Alarm Company .Act, Business
and Professions Code Section 7�90 et seq. A copy of this state license shall be submitted with
the applicadon for a city business license,
C. If a state alarm license is suspended, re�roked or otherwise invalidated by the issuing
au:hority, the alazm company must norifi� the alarm administrator in H�riting within three days
and must cease business operations in the cit��.
D. Violation of this section is punishable pursuant to Chula Vista D4unicipal Code
Chapter 1.20, General Penalt}�.
9.06.120 Denial of business license —:�ppeal —Hearing—i�'otice required
Pursuant to Chula Vista Municipal Code Section 5.02.110, in cases w�here a business
license is denied, the applicant shall have the right to appeal such denial of a license to the citv
manager. Such appeal shall be in writine and shal] be delivered to the office of the city mana2er
«�ithin 10 days of the notice of disqualification. The city manaeer, or official designee, shall heaz
and determine the appeat within 60 days after it is filed. The heazing shall be conducted in
accordance witb the provisions of Chapter ].40; Administrative Procedure and Process, Chula
Vista Municipal Code. The determination of the city manaeer or official desienee shall be final.
A fee as set forth in the master fee schedule shali be unposed by the city manager as a condition
to filing any appeal. T'he fee shall not be ereater than the anticipated cost of processing and
conductine the appeal, and if the appeal resulu in issuance of the license, the appeal fee shall bz
reunbursed to the applicant in accordance v.�th the provisions of Chapter ].40, Chula Vista
Municipal Code.
9.06.130 Alarm company duties
A. All alazm installaAOn and/or monitorine companies shall ensure that their customer
information is updated v�2th the alazm administrator or designee at least monthl}�. This
information shall include; but is not lunited to:
1. customer name and contact information (i.e., atl 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 alazm monitorine ended.
B. All alarm installation and/or monitoring companies shall ensure that an on-site
inspecvon of the alazm svstem shall occur at least once every three years. The records of these
inspections shall be made available to the alarm administratoi 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 alazm systems. Such instructions ��ll
specifically include all instructions necessary to rum the alarm svstem on and off and to pre��ent
false alarms.
3-21
.
Ordinance No.
Page 14
D. Alarm installation companies shall not program alazm systems so that they aze capable
of sending one-plus duress alazms.
E. Alann installation companies shall not install a device to activate a hold-up alarm,
which is a single action, non-recessed button.
F. Alarm installation companies shall, on new installations, use only alarm conffol panels
that aze listed with Underwriters' Laboratories, Inc. or a nationally recognized testing
organization.
G. An alann company shall not install or use automatic voice dialers which call 911 or
the police department.
H. After comp3etion of the installation of an alarm system, an alarm company emplo��ee
shal] review w�ith 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 alann 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, pwsuant 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 alazm system's audio or video.
3. communicate alarm dispatch requests to ihe department in a manner and form
determined by the alazm adminish-ator. 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 alazm 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) aze given adequate training as to the proper use of the duress, hold-up or
panic alann(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
3-22
Ordinance No.
Paee 1�
or more false duress alarms in a 12-month period resulting from unintentional,
intenrional, or accidental acti��adon.
6. aPer an alazm dispatch request, promptly advise the Depanment if the
monitoring company l:no���s that the alarm user or a responder is on the way to the alarm
site.
7. attempt to contact the alarm user or responder «Zthin t�3�enty-four hours �ia
mail; fax. telephone or other electronic means when an alazm dispatch request is made.
8. maintain for a period of at least one }�eaz 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. alazm 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 svstem monitorin�
company shall provide copies of such records for individually named alarm �sers.
a If the request is made H�thin sixty da�s of an alazm dispatch request, the
monitoring company shall furnish requested records within ten business days of
recei��ing the request.
d. If the records aze requested betw�een sixri� davs to one year afrer an alarm
dispatch request, the monitorine company shall fumish the requested records
v.�ithin thirty days of receiving the request.
e. To the extent permitted under the la�v, the records described in this section
shall be treated as confidential by the alarm s�stem monitorine company and the
��n
J. An alazm installation company and/or monitoring company that purchases alarm
system accounts from another person shall notif}� the alarm adminisuator of such purchase and
provide details as may be reasonably requested by the alarm administrator.
Article II] Alarm User Duties and Permiu
9.06.140 Alarm user duties
A. Eacti alarm user is responsible for:
I. obtainin� a permit from the city for his or her alarm system within 30 days afrer
installation or prior to activation, ��hichever is first.
2. paying the permit fee.
3. pro��iding to and maintainine w�th the city currznt 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
responsibiliry is ensuring that all persons with access to the alarm system aze properly trained on
correct use of the system, aze authorized to cancel accidental activations, and ensuring that
procedures and practices aze followed that minimize the risk of false alarms.
C. Each alarm user is responsible for keeping his or her alazm system properlp
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 alazm 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 alazm 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 alazm permit is subject to a fine, the equivalent of a
first-time false alazm 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-yeaz 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 wil] be required upon expiration ofthe two-year permit.
G. An alazm permit is attached to the alann user and the alazm site and is not transferable.
1. A new alarm pernut must be obtained by the new o��ner/occupant whenever
there is a change of o�nership 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 follo�i�in2 conditions:
1. The alarm site has no past-due fees; fines or penalty assessments.
2. The permiT has not been revoked for excessive false alazms.
3. The alann user either updates his/her permit information or verifies ihat the
permit information is still correct.
4. The appropriate annual permit fee is paid.
J. Rene���al information and fees are due and must be submirted to the alazm adminissator
on or before the e?:piration date of the permit each yeaz.
K. Alann permit fees are listed in the Cit� of Chula Vista's Ivlaster Fee Schedule,
available from the Finance Department or on the Cit��'s website.
9.06.160 Denial of alann permit - -.
17ae alarm administrator shall deny the issuance of an alarm permit to an applicani if one
or more of the folloH�ing circumstances exist:
A. The alarm system does not comply �t�th this cbapter or the rules and reeuladons
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 repon or record
required to be filed with the city pursuant to the provisions of this chapter.
C. The applicant has failed to remit pa��nent of fees, fines. or chazges o�;�ed 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 pre��ously re��oked withid one yeaz of the date
of the application, and the applicant cannot provide evidence to the alarm
administrator's satisfaction that a material changes in circumstazices has occurred
since the date of revocation indicatine the applicant's ability to comply with the
provisions of this chapter.
E. The applicant has violated any of tbe provisions of this chapter within three yeazs
prior to the date of application; unless the applicant provided evidence to the alarm
administrator's satisfaction that the applicant is capable of complyine with the
provisions of this chapter.
9.06.170 Revocation of alarm permit
A. Four or more false alarms. An alazm permit may be revoked for the duration of the
permit upon the fourth false alarm in a 12-month period.
B. Additional grounds for cevocation. An alarm permit may be ievoked for the duration
of the alarm permit for any of the erounds for denial of alarm permit issuance listed in Section
9.06.160.
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C. An alarm user whose alazm permit has been revoked pursuant to this chapter may
apply for reinstatement of the alann permit by (1) completing a false alarm awareness class; and
(2) submitting a false-alarm abatement plan for the approval of the alartn administrator, and (3)
paying any and all false alarm fines and penalties due.
D. False alann awazeness 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.
i. Successful completion of the alann administrator's false alarm awazeness
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 awazeness class, the
next faise alazm��ill be billed as second false alarm under the city's Master Fee Schedule.
2. Any enrollment fee for the false alarm awareness class shall be less than the
fine for a first-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
alann at alazm sites with excessive false alanns—four or more false alarms in a 12-month period
—in the following circumstances:
1. I`'o permit. �When an alazm 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 3ection
9.06.170.A (four or more false alanns in a 12-month period); or
3. Exempt. When an alarm user that is exempt from this chapter has four or more
false alazms in a 12-month period.
B. Verification shall be by real-time audio or video surveillance provided by the alann
� system and reviewed by the alarm system monitoring company, or by a third-party report from
the alarm site sent to tbe alazm system monitoring company, that positively verifies evidence of a
crime or an attempted crime at the alann site.
C. The alazm system monitoring company shall retain evidence of the verification for
one yeaz from the alarm and shall provide copies of such evidence to the alarm administrator
upon request.
D. If an alazm 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 alazm awareness class; (3)
submitting a false-alarm abatement plan for the approval of the alazm administrator; and (4) .
paying any and all false alarm fines and penalties due.
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9.06.190 Rieht to discontinue response
The Depamnent reserves the rieht to discontinue a police response to any alarm site for
excessive false alarms — four or more false alarms in a 12-month period. Elieibility for a police
response may be reinstated pursuantto Section 9.06.180.A.
9.06.200 Cancellation of dispatch requests
An alarm s}�stem monitorine ser��ice shall communicate cancellation of a request for a
police response in the manner required ba the alarm adminisvator. Cancellation of a request for a
police response to zn 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 �ual renewal of alarm permit
Alarm permits must be renewed annuallv.
A. The renewal application shall be submitted to the alarm administrator, accompanied
by a nonrefundable renewai application fee.
B. Renew�al may be denied for any reason that is grounds for denial or revocation of the
user permit; pursuant to Section 9.06.160 or Secvon 9.06.170.
9.06.220 \TOtices of denial or revocation of alarm permit; fines; verified response required;
appeal
A. If the alarm adminisuator determines that an alarm permit should be denied. or
re��oked, or a false-alarm fine imposed on an alarm aser, or that a verified rzsponse is required;
the alann administrator must pro��ide the alarm LLser with «Titten notice ihereof, including the
reazons therefore. The notice mav be provided by email; facsimile or U.S. mail.
B. The alarm user shal! have the riaht to appeal such denial, revocation, fine or ��erified
response requirement to the city. Such appeal shall be in "riting and shall be deli�ered to the
office of the city manager within 10 da}�s of the date of the notice of deniaL revocation or fine.
The city manaeer or his or her desienee, actine as the alarm appeals officer. shall heaz and
determine the appeal w7thin 60 days after it is received by the cih• manager. The hearing shall be
conducted in accordance w�th the provisions of Chapter 1.40, Chula Vista \4unicipal Code. The
determination of the city manaeer or desimee shall be final. A fee as set forth in the Master Fee
Schedule shall be imposed by the city manaaer 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
�vith the provisions of Chapter 1.40, Chula V ista �4unicipal Code.
Article IV. Alarm System Standazds.
9.06.230 Alarm System - Manufacturing standazds.
A. Alarn svstems installed w•ithin the ciry afier enactment of this chapter shall be listed
��th lioderwriten Laboratories, Inc.; or a nationally recoenized testine oreanization.
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B. The alazm administrator may �ant an exception to the requirement in subsection A of
this section when the alazm administrator detemunes that the alarm system meets or exceeds ihe
applicable alarm testing standards set by Underwriters' Laboratories, Inc. or a nationallv
recognized testing organization. The alann 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 standazds
A. Audible alanns. No person shall install or use any alann system with an alarm that is
audible for a period of more than fifteen (15)minutes each time the alazm is activated.
B. Automatic alanns. No person shall install or use any alarm system that automatically
sends any pre-recorded message or signal to the city, iu officers, or employees without the prior
�zitten 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 alazms. No person shall operate a security alazm system in the
city that fails to differentiate police incidents (i.e., security/property/intrusion alazm activations,
robbery/hold-up/panic/duress alarm activations) from fire, medical or other non-police incidents,
or that fails to accurately report such incidenu 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 declazes 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 declazed 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 contraflict, applicable state and federa] 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 afrer its fmal passage.
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Section V. Publication
The City Clerk shall certify to ihe passaee and adoption of this Ordinance and shall cause
the same to be published or posted accordine to law.
Presented By: Approved as to form b}°:
—' • -
� / ;
David Bejarano G en R ooeins
Police Chief Ciri�Attome��
J:�Attomey�FINAL RESOS�2013\0� 28 13\Security Alarm ordinance A4ay 28 Final.doc
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