HomeMy WebLinkAboutOrd 2013-3278 ORDII�?ANCE NO. 3278
ORDII�TANCE OF THE CITI' OF CHliLA VISTA AMENDIivG
AI�'D RESTATT�'G IT�' ITS E?�TTIRETI' CHULA VISTA
MUI�'ICIPAL CODE CHAPTER 9.06. SECURITY ALARI�4
SYSTEMS. VdITH THE NEW TITLE "SECURITI' ALARI�4S"
WHEREAS, Chula Vista Municipal Code Chapter 9.06, securiri� alarm s}�stems; ���as
adopted in 1982 and amended in 199� to require reeistration of securit�� alarms and to reduce
false activations of such alarms: and
WHEREAS, a new municipal code chapter reeulatine security alarms is necessan� to
implement best practices identified by the alarm industry that reduce police dispatches to false
alarms: and
��'HEREAS; the Chula Vista Police Department seeks to continuousi�� improve public
safetv services for all residents and to most efficienth� use its limited resources: and
�4%HEREAS, Department officers responded to more than �,400 alarms in 2012 at
residences and businesses: and
�1'HEREAS, alanns accounted for eight percent of all calls for service to the Department
in 2012 and were the number one call t��pe for Fiscal Years 2009/2010 to 2011/2012; and
WHEREAS, neazlv all alarms are false: 99J percent of residential alarms are false and
98.6 percent of commercial alarms are false; and
�1'HEREAS, the Department has identified false alarms as an excessive and unnecessan�
drain on its limited resources: and
�b%HEREAS. responding to false alarms tal:es police officers and police dispatchers awa�-
from actual public safet}� needs, to the detriment of true crime victims and the entire communit��;
and
R'HEREAS, a consultant's studv of staffing and operational practices in 2012
recommended that the Department require a verified response to alarms — confirmation pro��ided
b�� an alarm compan�� through a securitv 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
�b'HEREAS. the consultant's stud�- of staffine and operational practices in 2012 found
that uniformed field officers' o��erall proactive time for patrol operations �;�as at 22 percent - an
inadequate ratio to perform the most effective policine in the community; and
Ordinance No. 3278
Page 2
WHEREAS, the Depanment's proposal to require a verified response for securit}� alarms
was opposed b}� members of the alarm industry and most of the approximately 60 alarm users
who attended an August 2012 informational presentation at Olympian Hiah School; and
WHEREAS, residents ���ho attended the August 2012 presentation and residents who
pro��ided feedback in other forums urged the Department to explore other options to reduce
police dispatches to false alarnis instead of verified response, induding increasing fines to deter
false alarms: and
WHEREAS. ���ith the eoal of reducing the number of police dispatches to false alarms
���hile meetin� alarm users' eapectations for a police response to an alarm, the Department
subsequently researched ideas and opinions from alami users in the community and how to best
use verified response, identified alarm-industry best practices, and consulted N�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 — alarm monitors must mal:e at least two phone calls to the alarm user before calline
police; enforcinv false alarm 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, b}� 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
�vork proactivel}� on community priorities, as well as crime prevention.
NOW, THEREFORE; �+�ith the above recitations contained herein, the City Council of
the City of Chula Vista does; hereby, ordain as follo�i�s:
Section I.
The Chula Vista Municipal Code Chapter 9.06, Security Alarm Systems, is hereby amended and
restated in its entirety ���ith the neH� title, Security Alarnis, as follows:
Chaptcr 9.06
SECURITY ALARMS
Article L 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
Ordinance No. 3278
Pa�e 3
9.06.070 I�'on-residential/commercial alarm s��stems exempt
9.06.080 Govemment entities esempt from fees. fines and charges
9.06.090 Fines. fees and charees
9.06.100 Confidentialiro
Article I1. Alarm Compam� Licenses and Duties
9.06.110 Alarm compan}� licenses required
9.06.120 Denial of business license—Appeal — Hearine—Notice required
9.06.130 Alarm compan}� duties
Article I11. Alarm User Duties and Permits
9.06.140 Alarm user duties
9.06.1�0 Alarm permit required
9.06.160 Denial of alarm permit
9.06.170 Re��ocation of alarm permit
9.06.180 Verified response required
9.06.190 Rieht to discontinue response
9.06.200 Cancellation of dispatch requests
9.06.210 Annual rene���al of alarm permit
9.06.220 Notices of denial or revocation of alarm permit; fines; ��erified response required;
appeal
Article IV. Alarm S��stem Standards
9.06.230 Alarm Svstem - n4anufacturine standazds
9.06.240 Alarm Svstem - Operational standards
Article I.
General Pro�isions and Definitions
9.06.010 Short title
This chapter shall be l:no���n and cited as the "Chula Vista securit�� alarm ordinance."
9.06.020 Leeislati��e findines and purpose
The citv council finds and determines that:
A. Inadequatel}�operated, maintained or installed securitv alarm systems in residential
and commercial buildines can cause false alarms:
B. The persistent. high volume of false alarms endaneers the health. safety and �velfare of
the cit�� s residents:
C. False alarms also drain limited police resources b}� preventing, divertine, or dela}�ing
police officers and police dispatchers from sen�ing actual public safet�� needs; such as ans���ering
calls for ser��ice. addressing the community's public safetv priorities, enforcing la«�s,
in��estieatina and sol��ing crimes. and preventins crime;
Ordinance No. 3278
Page 4
D. The unnecessar�- �vaste of public tas dollars by police responses to false alarms must
be reduced;
E. Re�ulatina alarm systems, alarm users, and companies that provide alarm sen�ices in
the city is necessan�to ensure that ever��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 b}� la��� 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 significantl}� reduce or
eliminate false alarm dispatch requests made to the police department;
G. Regulating alarm s}�stems installed in buildings, alarm users, and alarm businesses is a
matter of public polic}� in pursuing security and promoting the public health, safety and welfare
of the city and its residents.
9.06.030 No city duty created
The provisions of this chapter are adopted as an cxercise of the city's police power to
promote the public health, safety; and welfare and are not intended to protect individuals or
othenvise 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 an}� duty to protect on the part of the city nor any of its departments, divisions; officials;
agents; or emplo}�ees. The obligation of complying ��ith the requirements of this chapter and the
consequences for failing to do so are placed solely upon the parties responsible for o��mine.
operating. monitoring, or maintaining alarm systems within UZe city. Nothing in this chapter shall
be interpreted as requiring or promisin�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 person 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 am� alarm s}�stem in or on any building, real propert��. or
premises.
D. "Alarm compan}�" means an}� person engaged in an alarm business for any consideration
���hatsoever. This term includes an `'alarni system monitoring company."
E. "Alann dispatch request ' means a communication to the department, ��ia police dispatch, by
an alarm company indicating that an alarm system has been activated at a particular alann site
and requesting a police response to that alarn� site.
Ordinance No. 327S
Pa�e �
F. ".Alarm s��stem" means an "alarm s��stem" as defined in California Business and Professions
Code Section 7�90.1 and ��hich is installed in a buildine.
G. "Alarm s��stem monitoring compan��-` or "monitoring compan}� means an�• person that, for
am� consideration �vhatsoe��er. eneaees in the business, practice, or profession of monitorine
alarm s��stems ��ithin the cih-, and that reports, directl�� or indirecth�. an} acti�ation of alarm
s��stems to the ciri�. its departments, divisions. officials. aeents, or emplo}�ees. includine. but not
limited to, the police department and/or police dispatch.
H. "Alarm user'' means a person ha��ing or maintaining an alarm s��stem on real propert}� o«ned
or controlled bv that person.
I. "Alarm permir' means that permit required under Section 9.06.1�0.
J. "Audible alarm" means an alarm svstem that. ���hen activated. eenerates an audibie sound at its
location.
K. "Chief of police' means the chief of police of the citq or his or her designee.
L. "Cit��' means the Cit}� of Chula Vista and/or the area within the incorporated municipal
boundaries of the Cit�� of Chula Vista.
M. `'Departmenr' means the Chula Vista Police Department.
N. "Duress alarm" (also "hold-up alarm," "panic alarm." or "robbery alarm-`) means an alarm
sienal eenerated b�� the manual or automatic acti��ation of a de��ice. or anv svstem. device or
mechanism, installed in or near a buildina intended to sienal that a robber�� or other serious crime
is in prosress, 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 ��erificatiorr' is a monitoring procedure requiring that a minimum of rivo calls
be made prior to mal:ing an alarm dispatch request. At least t�i�o calls must be made to different
phone numbers �vhere a responsible party can t��picall�� be reached.
P. "False alarm" means an alarm to ���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 attributed to have caused the alarm acti��ation, or the respondine 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 b}� 9.06.130.D and 9.06.230.C; means an alarm s�stem
that permits the manual acti��ation of an alarm sienal by enterine on a ke}�pad 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 indi��idual. individuals. corporation_
partnership, association, oreanization or similar entit}�.
T. "Robberv alarm '— see Subsection N. "duress alarm."
Ordinance No. 3278
Page 6
U. "Verified response" means information received from a person physically present at an alarm
site. or from real-time audio or video sur��eillance 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 t�vo telephone calls to
determine ���hether 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.
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 desionate an alarn� administrator to carry out the duties and
functions described in this chapter.
C. The city manager may desianate one or more persons to sen�e 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 ��ritten rules and regulations that are consistent with the pro��isions 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 wom on a
person.
9.06.080 Government entities exempt from fees; fines and charges
Escept for provisions relating to permit fees and false alarm tines, municipal; county,
state and federal agencies are required to comply «�ith, 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 �lunicipal Code Chapter 3.4�,
n4aster Fee Schedule.
Ordinance No. 327S
Pa�e 7
9.06.100 Confidentialit��
To the e�tent authorized b�� state la�ti�, the information fumished to the citv pursuant to
this chapter shall be kept confidential bv the cit.� and the alarm administrator, and shall not be
subject to public inspection or disclosure.
Article 11.
Alarm Compan�� Licenses and Duties.
9.06.] 10 Alarm compan}� licenses required
A. Pursuant to Chula \'ista �9unicipal Code Section �.02.020, every alarm compan}� must
ha�e a �alid business license issued b�� the citv before conductine alarm-related business or
providing alarm-related services in the cit�.
B. In addition to a cin� business license, e��en� alarm compan}� doine business in the cit}�
must possess a valid license issued b}� the State of California, Department of Consumer Affairs.
Bureau of Securit}� and Investieati��e Sen�ices; pursuant to the Alarm Company Act, Business
and Professions Code Section 7�90 et seq. A cop�� of this state license shall be submitted ��ith
the application for a citv business license.
C. [f a siate alarm license is suspended, re��oked or othern�ise im�alidated bv the issuine
authoritv, the alarm compan}� must notif�� the alarm administrator in �tiTitins �vithin three da��s
and must cease business operations in the cit��. y
D. Violation of this section is punishable pursuant to Chula Vista A4unicipal Code
Chapter 1.20. General Penalt��.
9.06.120 Denial of business license—Appeal — Hearino—I�'otice required
Pursuant to Chula Vista n4unicipal Code Section �.02.110. in cases ���here a business
license is denied, the applicant shall have the rieht to appeal such denial of a license to the ciri
manaeer. Such appeal shall be in ���riting and shall be deli��ered to the office of the city manager
within ]0 da��s of the notice of disqualification. The citv manaeer; or official designee, shali heaz
and determine the appeal �iithin 60 da��s afrer it is filed. The hearing shall be conducted in
accordance �i�ith the provisions of Chapter 1.40, Administrative Procedure and Process. Chula
Vista n4unicipal Code. 7he determination of the cit�� manaeer or official designee shall be final.
A fee as set forth in the master fee schedule shall be imposed b}� the city manager as a condition
to filing an}� appeal. The fee shall not be ereater than the anticipated cost of processing and
conductine the appeal, and if the appeai results in issuance of the license, the appeal fee shall be
reimbursed to the applicant in accordance �vith the pro�isions of Chapter 1.�}0. Chula Vista
Municipal Code.
9.06.130 Alarm company duties
A. All alarm installation and/or monitoring companies shail ensure that their customer
information is updated ���ith the alarm administrator or desisnee at least monthl��. This
information shall include. but is not limited to:
Ordinance I�'o. 3278
Pa�e 8
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 alann sti�stem shall occur atleast 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 lo 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.
D. Alam� installation companies shall not program alarm systems so that they aze capable
of sendine one-plus duress alarms.
E. Alarm 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 ne�v installations, use only alarm control panels
that are listed with Unden��riters' Laboratories, Inc. or a nationally recognized testing
oreanization.
G. An alarm company shall not install or use automatic voice dialers �vhich call 911 or
the police department.
H. Afrer completion of the installation of an alarm system, an alarm company employee
shall review with the alarm user a false alami prevention checklist established by the alarm
administrator.
I. Every alarni s��stem monitoring compan�� shall:
l. report alarm actieations or signals by using the telephone numbers desi�nated
b}� the alarni administrator.
2. attempt to verifi� every security alarm signal prior to requesting a police
dispatch by making at least t���o 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
throu�h an alarm svstem'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:
Ordinance No. 3278
Paee 9
a. an�• a��ailable information (north. south; front. back. floor. etc.) about the
location on all alarm signals related to the alazm dispatch request.
b. t��pe of alarm acti��ation (silent or audible. interior or perimeter.)
c. an alarm permit number��hen requestine an officer dispatch.
4. communicate cancellations to the depanment in a manner and form determined
bv the alarm administrator.
�. ensure that all alarm users of alazm s��stems equipped H�ith duress, hold-up or
panic alarm(s) are given adequate trainine as to the proper use of the duress. hold-up or
panic alarm(s).
a. Alarm s��stem trainine shall be pro��ided to e��er}� alarm user and/or
additional training pro��ided in simations ��here the alarm user has incurred four
or more false duress alarms i❑ a 12-month period resultine from unintentional,
intentional, or accidental activation.
6. afrer an alarm dispatch request, promptl}� ad��ise the Department if the
monitoring company l:no���s that the alarm user or a responder is on the �va�� to the alarm
site.
7. attempt to contact the alarm user or responder within t���entv-four hours via
mail, fa�. telephone or other electronic means ���hen an alarm dispatch request is made.
8. maintain for a period of at least one }�ear from the date of the alarm dispatch
request, records relatine to alarm dispatch requests.
a. Records must include the:
i. name: address. telephone number. and email address of the alarm user:
ii. alarm s}�stem zone(s) acti��ated
iii. time of alarm dispatch request
i�. evidence ofan attempt to verif}�
b. The alarm administrator ma�� request and an alarm s��stem monitoring
compan�� shall provide copies of such records for indi��iduall}� named alarm users.
c. If the request is made ��ithin sish� da}�s of an alarm dispatch request. the
monitorine company shall fumish requested records ��ithin ten business da��s of
recei��ing the request.
d. If the records aze requested bet��een si�t}� da�s to one ��ear after an alarm
dispatch request, the monitoring compan}� shali fumish the requested records
within thirt��da}•s of recei��ine the request.
e. To the extent permitted under the la�ti�. the records described in this section
shall be treated as confidential b�� the alarm svstem monitorino compan�� and the
citv.
Ordinance No. 3278
Page ]0
J. An alarm installation company and/or monitoring company that purchases alarm
system accounts from another person shall notif}� 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 alarni user is responsible Sor:
1. obtainine a perniit from the city for his or her alarm system ���ithin 30 days afrer
installation or prior to activation, �;�hichever is first.
2. paying the permit fee.
3. providing to and maintaining with the city current contact inforniation.
B. Each alarm user is responsible for ensuring that his or her alarm s}�stem is used
la���fully, properh�; and in accordance with the manufacturers 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 cance] accidental activations, and ensuring that
procedures and practices are follo���ed 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 ���orking order.
D. Each alarn� user is financially responsible for paying permit fees, fines associated �vith
a police response to false alanns 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) or this section, or an}� other requirement for alarm users imposed in this chapter, may lead
to revocation of the alarm pennit. See Section 9.06.170, revocation of alarm use permit.
9.06.1�0 Alarm permit required
A. No person shall use an alann system installed in a building or structure in the city
unless the person holds a valid alarm pern�it issued pursuant to this chapter.
B. No alarm company providing alarm-related services in the city shall activate an alarm
moniroring service or initiate alarm dispatch requests relative to any alarm site in the city unless
the alann user has first obtained an alarm permit as required in this chapter.
C. Each alarnt permit shall be valid for only one alarm system, one location, and one
alarm user.
D. Operating an alarm ���ithout an alarm perniit 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 alann site by the amount of the alarm permit, if the user obtains an alarm permit
�i�ithin 30 days of incurring the false alarn� fine.
Ordinance No. 3278
Paee 11
E. Each alarm permit shall be valid for one veaz from the date of issuance. unless earlier
re��oked pursuant to this chapter.
F. Two-}�ear alarm permits that are valid on the date this ordinance becomes effecti��e
��ill be honored for the duration of the permit, unless earlier revoked pursuant to this chapter. An
annual permit ���ill be required upon espiration of the nvo-��eaz permit.
G. An alann permit is attached to the alarm user and the alarm site and is not transferable.
1. .A ne�a alarm permit must be obtained by the ne��� o���ner/occupant �ihenever
there is a change of o��mership or control of an alarm site.
H. [nformation required in the alarm permit application shall be determined b�� the alarm
administrator and shall include pertinent contact information, includins but not limited to the
follo���ine: user name, address, email address. contact phone numbers, alarm s��stem information,
and contact information for the alarm monitorine sen�ice.
I. An alarm permit may be rene«ed under the follo�ving conditions:
1. The alarm site has no past-due fees, fines or penalt}� assessments.
2. The permit has not been revoked for escessive 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 aze due and must be submitted to the alarm administrator
on or before the e�piration date of the permit each vear.
K. Alarm permit fees are listed in the Cit�� of Chula Vista's Master Fee Schedule,
available from the Finance Department or on the Citv's ���ebsite.
9.06.160 Denial of alarm permit
The alarm administrator shall den}� the issuance of an alarm permit to an applicant if one
or more of the follo���ine circumstances e�ist:
A. The alarm svstem does not comply «�ith this chapter or the rules and regulations
adopted b�� the chief of police pursuant to this chapter.
B. The applicant has kno���in�h� made anv false, misleadin2 or fraudulent statement of a
material fact in the application for an alarm permit. or in am� report or record
required to be filed �vith the cit}� pursuant to the provisions of this chapter.
C. The applicant has failed to remit pa��ment of fees; fines; or charees o�t�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 previousl}� re��oked �rithin one }�ear of the date
of the application; and the applicant cannot pro�ide evidence to the alazm
administrator's satisfaction that a material chanaes in circumstances has occurred
since the date of re��ocation indicatine the applicant`s abilit�� to comply ���ith the
pro��isions of this chapter.
Ordinance No. 3278
Pase 12
E. The applicant has violated any of the provisions of this chapter �a�ithin three ��ears
prior to the date of application; unless the applicant provided evidence to the alann
administrator's satisfaction that the applicant is capable of compl}�ing ti�ith the
provisions of this chapter.
9.06.]70 Revocation of alarm permit
A. Four or more ralse alanns. An alarm pennit may be revoked for the duration of the
permit upon the fourth false alarm in a 12-month period.
B. Additional erounds for revocation. An alarm permit ma}� be revoked for the duration
of the alarm permit for any of the grounds for denia] of alarm perniit issuance listed in Section
9.06.160.
C. An alarm user �rhose 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) submittine a false-alarm abatement plan for the approva] of the alarm administrator. and (3)
payina 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 dass to those whose alarm permits ha��e been revoked pursuant to this
section.
l. Successful completion of the alarm administrator's false alarn� awareness
dass by an alarm user also may serve in lieu of payment of a first-time false alann fine; one
time, per registered alarm site.
a. Follo���ine successful completions of the false alarm a�vareness dass, the
nekt false alam� will be billed as second false alarm under the city's Master Fee Schedule.
2. Any enrollment fee for the false alarm a�i�areness 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 �nust be provided b}� an
alarm system monitoring company concurrently with a request for a police response to a security
alarm at alarm sites ��ith e�cessive false alarms — four or more talse alam�s in a 12-month period
— in the following circumstances:
l. 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 perniit has been revoked pursuant to Section
9.06.170.A (four or more false alarms in a 1 Z-month period); or
3. Esempt When an alarm user that is eaempt from this chapter has four or more
false alarms in a 12-month period.
Ordinance \o. 3278
PaQe 13
B. Verification shall be b�� real-time audio or video sun�eillance pro�ided b�� the alarm
svstem and revie���ed b� the alarm svstem monitoring compan��, or bv a third-part}� report from
the alarm site sent to the alarm s}stem monitorin� company. that positivel}� verifies e�idence of a
crime or an attempted crime at the alarm site. �
C. The alarm s��stem monitorina compam° shall retain e��idence of the verification for
one vear from the alann and shall provide copies of such e��idence 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 pro��isions of this chapter,
indudins (1) obtainins a ��alid alarm permit; (2) completine a false alarm a���areness class; (3)
submitting a false-alarm abatement plan for the approval of the alarm administrator; and (4)
pa}�ing any and all false alarm fines and penalties due.
9.06.190 Right to discontinue response
The Department resen�es the rieht to discontinue a police response to any alazm site for
excessive false alarms — four or more false alarms in a 12-month period. Elieibility for a police
response ma}� be reinstated pursuant to Section 9.06.180.A.
9.06.200 Cancellation of dispatch requests
An alarm s��stem monitoring sen�ice shall communicate cancellation of a request for a
police response in the manner required b�� the alarm administrator. Cancellation of a request for a
police response to an alarm before a police officer is assiened to the call shall not count as a false
alazm for the purposes of this chapter.
9.06.210 Annual renewal of alarm permit
Alarm permits must be renewed annuallv.
A. The rene�val application shall be submitted to the alarm administrator, accompanied
b�� a nonrefundable rene�val application fee.
B. Rene���al mav be denied for an�� reason that is erounds 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 pertnit should be denied, or
revoked, or a false-alazm fine imposed on an alarm user, or that a verified response is required,
the alarm administrator must provide the alarm user ���ith «�ritten notice thereof. includine the
reasons therefore. The notice mav be provided bq email. facsimile or U.S. mail.
Ordinance No. 3275
Page 14
B. The alarm user shall have the ri_ht 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 cit�� manaeer ��ithin ]0 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 �i-ithin 60 days afrer it is received by the city manager. The hearine shall be
conducted in accordance ���ith the provisions of Chapter 1.40, Chula Vista Municipal Code. The
determination of the city manager or designee shall be t3nal. A fee as set forth in the Master Fee
Schedule shall be imposed b�� the city mana�er as a condition to filing an�� 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 S��stem Standards.
9.06.230 Alarm S��stem - Manufacturing standards.
A. Alarm systems installed within the city afrer enactment of this chapter shall be listed
with Unden��iters' Laboratories, Inc., or a nationall}� recognized testing organization.
B. The alarm administrator may grant an exception to the requirement in subsection A of
this section when the alarm adminisvator determines that the alarm system meets or exceeds the
applicable alarm testing standards set by Undenvriters' Laboratories, Inc. or a nationally
recognized testing organization. The alarm administrator may require the alarm company or
alarm user to submit documentation and certification from a qualified authority necessary to
make the esception determination.
C. One-plus duress response alarms are not permitted under any circumstances.
9.06.240 Alarm System —Operational standards
A. Audible alanns. No person shall install or use any alarm system with an alarm that is
audible for a period of more than fifreen (1�) minutes each time the alarm is activated.
B. Automatic alarms. No person shall install or use any alann system that automatical]}�
sends any pre-recorded message or signal to the city, its officers, or emplo}�ees ���ithout the prior
written consent of the chief of police.
C Differentiation of security/robbery alanns. No person shall operate a securit}� 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.
robberv/hold-up/panic/duress alarn� activations) from fire, medical or other non-police incidents,
or that fails to accurately report such incidents independently.
Ordinance \o. 3275
Pa�e 1�
Section II. Se�•erabilih�
If an�� portion of this Ordinance, or its application to am person or circumstance. is for
an� reason held to be im�alid. unenforceable or unconstirutional, b�� a court of competent
jurisdiction, that portion shall be deemed severable, and such im�alidity, unenforceabilitv or
unconstitutionalitv shall not affect the ��aliditv or enforceability of the remainins portions of the
Ordinance, or its application to anv other person or circumstance. The Citv Council of the Cit�- of
Chula V"ista hereb� declazes that it �iould have adopted each section. sentence, clause or phrase
of this Ordinance. irrespecti��e of the fact that an}� one or more other sections, sentences. clauses
or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional.
Section [lI. Construction
The Cit�� Council of the Citv of Chula Vista intends this Ordinance to supplement. not to
duplicate or contradict, applicable state and federal la��� and this Ordinance shall be construed in
lieht of that intent.
Section IV. Effectice Date
This Ordinance shall take effect and be in force on [he thirtieth da�� after its final passage.
Section V. Publication
The City Clerk shall certifi� to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to lau�.
Presented b}� Approved as to form by
� . v�.w ��- --������
David Bejar �Glen R. Googin's��
Police Chief it�� Attomey
OrdinancelVo. 3378
Pa�e 16
PASSED, APPROVED; and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th da}� of November 2013, b}� the follo��ing vote:
AYES: Councilmembers: Aguilar, Ramirez, Salas and Cox
I�'AYS: Councilmembers: None
ABSENT: Councilmembers: Bensoussan
� �
Cheryl Coa, yor ,
ATTEST:
Donna . Norris, , City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3278 had its first reading at a regular meeting held on the 28th day of May 20li
and its second reading and adoption at a regular meeting of said City Council held on the 19th
day of November 2013; and �i-as duly published in summary form in accordance �vith the
requirements of state law and the City Charter.
d,3 ������✓o�_r
Dated Donna R. Norris, CMC, Cit}� Clerk