HomeMy WebLinkAboutOrd 1991-2457 ORDINANCE NO. 2457
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS
SECTIONS OF CHAPTER 9.06 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO SECURITY ALARMS
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 9.06.030 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 9.06.030 Definitions.
For the purposes of this chapter, the following words and phrases shall
be construed as set forth in this section unless it is apparent from the
context that a different meaning is intended:
A. "Alarm agent" means and includes any person who is self-employed or
employed directly or indirectly by an alarm business operator whose
duties include, but are limited to: selling, maintaining,
installing, monitoring, demonstrating or causing others to respond to
an alarm in or on any building, place or premises. This definition
shall not apply to local safety officers as defined in Government
Code Section 20019.4.
B. "Alarm business operator" means and includes any business operated
for any consideration whatsoever, engaged in the installation,
maintenance, alteration or servicing of alarm systems or which
responds to such alarm systems. "Alarm business operator," however,
shall not include a business which merely sells from a fixed location
or manufacture alarm systems, unless such business services,
installs, monitors or responds to alarm systems at the protected
premises.
C. "A1 arm system" i s any device designed for the detection of an
unauthorized entry on the premises or for alerting others of the
commission of an unlawful act or both, and when activated emits an
audible or silent signal or message to which police are expected to
respond. It includes those devices which emit a signal within the
protected premises only and supervised by the proprietor of the
premises where located, and otherwise known as a proprietary alarm.
Auxiliary devices installed by a telephone company to protect its
systems which might be damaged or disrupted by the use of an alarm
f
system are not included in the de inition.
D. "Alarm user" means any person who owns, leases, rents, uses or makes
available for use by its agents, employees, representatives or
immediate family an alarm system in the city.
Ordinance No. 2457 '
Page 2
E. "Audible alarm" means an alarm system designed to emit an audible
sound outside of the protected.premises to alert persons of an
unauthorized entry on the premises or of the commission of an
unlawful act.
F. "Business" means any nonresidential use.
G. "Direct-dial device" means a device which is connected to a telephone
line and upon activation of the alarm system automatically dials a
predetermined telephone number and transmits a message or signal
indicating a need for emergency response.
H. "False alarm" means the activation of an alarm system through
mechanical failure, accident, misoperation, malfunction, misuse, or
the negligence of either the owner or lessee of the alarm system or
any of their employees or agents. False alarms shall not include
alarms caused by acts of God, the malfunction of telephone lines,
circuits or other causes which are beyond the control of the owner or
lessee of the alarm system.
I. "Issuing officer" shall mean the chief of police. _
J. "Person" shall mean a person, firm, corporation, association,
partnership, individual, organization, company or a governmental
political unit.
K. "Residential" means premises used as dwelling units which includes
apartments and 1 odgi nghouses.
SECTION II: That Section 9.06.050 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 9.06.050 Alarm user's permit; fee.
A. No person shall install, or cause to be installed, use, maintain, or
possess an alarm system on any business or residence owned or in the
possession or control of such person within the city without first
having obtained an alarm user's permit from the Issuing Officer. The
Issuing Officer shall prescribe the form of the application and
request such information as is necessary to evaluate and act upon the
permit application. A non-refundable fee in the amount established
by the City Council by resolution in the Master Fee Schedule shall
accompany each application.
B. The permit application as required under subsection A of this section
shall state: '
1. The number of alarm systems and specific purpose for which the
alarm system or systems shall be used;
Ordinance No. 2457
Page 3
2. The alarm user's name;
3. The address of the premises in or upon which the alarm system has
been or will be installed;
4. User telephone number;
5. The alarm business operator or operators selling, installing,
monitoring, inspecting, responding to and/or maintaining the
alarm system; and,
6. The name and telephone number of at least two persons who can be
reached at any time, d or night and who are authorized to
respond to an alarm signaa~
who can open the premises in which
and
the system is installed.
C. An al arm permit shall be valid for twenty-four months, but a separate
permit shall be obtained for each separate business, separate place
of business, change of ownership or change in type of permit.
SECTION III: That Section 9.06.060 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 9.06.060 Correction of information.
Whenever any change occurs relating to the written information
required by Section 9.06.050, the permit holder or designee shall give
written notice of such change to the Issuing Officer within five working
days.
SECTION IV: That Section 9.06.080 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 9.06.080 Alarm system regulations.
A. Alarm Deactivation Audible Alarms. Audible residential alarms
shall be equipped with an automatic shutoff mechanism capable of
terminating the audible annunciator after activation within a maximum
of fifteen minutes. Audible commercial alarm systems shall be
equipped with an automatic shutoff mechanism capable of terminating
the audible annunciator after activation within a maximum of thirty
minutes.
B. Maintenance Notification. The alarm user shall contact the Police
Department's Communication Supervisor prior to any service, test,
repair, maintenance, alteration, or installation of an alarm system
which might produce a false alarm. Any alarm activated where such
prior notice has been given shall not constitute a false alarm.
Ordinance No. 2457 '
Page 4
C. Power Supply. A1 arm systems shal 1 be suppl led with an
uninterruptible power supply in such a manner that the failure or
interruption of normal utility electricity will not activate the
alarm system. The power supply must be capable of at least four
hours of operation.
D. Repairs. When any false alarm caused by a malfunction of an alarm
system has occurred, the alarm user shall cause the alarm system to
be repaired to eliminate the malfunction. The alarm system
annunc~ator shall be disconnected while repairs are made.
E. Permit Number. Every al arm system user whose al arm system i s
monitored by an alarm response company shall provide that company
with their alarm system permit number, once it is issued by the
Issuing Officer. When such responding company calls the Police
Department to report activation of an alarm system they monitor, they
shall provide the permit number to the police dispatcher for the
police log entry.
SECTION V. That Section 9.06.130 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 9.06.130 False alarm penalty assessment.
A. When any emergency alarms, messages, signals, or notices are received
by the Police Department showing that an alarm user has failed to
meet any of the requirements of this chapter, the Issuing Officer is
authorized to demand that the user of that alarm system disconnect
the system until it is made to comply with the requirements.
B. Any person having an alarm system which results in a police response
in which the alarm proves to be a false alarm, shall p~ a penalty
assessment fee to the city in the amount established by the City
Council by resolution in the Master Fee Schedule for each false
alarm, message or signal in excess of two activations in any twelve
month period.
C. The Issuing Officer shall cause to be issued a monthly bill for the
unpaid fees accrued during any monthly billing period and any prior
periods. Such bill shall be due and payable within thirty {30) days
of the billing date.
D. A late fee of fifteen percent (15%) of the false alarm assessment
shall be added to the unpaid balance of any assessments required by
this section not paid within thirty days of the billing date.
Ordinance No. 2457
Page 5
E. The amount of any penalty assessment fee and late fee assessed
pursuant to this Section shall be deemed a debt to the City, and an
action may be commenced by the Issuing Officer in the name of the
City in any court of competent jurisdiction in the amount of the
delinquent debt. Payment of any penalty assessment fees and late
charges shall not prohibit criminal prosecution for the violation of
any provisions of this chapter.
SECTION VI. That Section 9.06.140 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. g.06.140 Right to discontinue response.
The Issuing Officer reserves the right to discontinue response by
police officers to any location of a silent or audible alarm when (1) the
alarm user has been given written notice and assessed six penalty
assessments within any twelve-month period, or (2) the alarm user has
failed to pay any such penalty assessment. Reinstatement may occur when
the alarm user has taken steps to eliminate or correct the problem(s) and
has documented the corrective action in writing to the Issuing Officer
and paid any penalty assessments that are due.
SECTION VII. That Section 9.06.150 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 9.06.150 Suspension/revocation of permits.
If at any time it comes to the attention of the IsSUing Officer that
the holder of an alarm user's permit under this chapter has violated any
provisions of this chapter, or rules, or regulations made pursuant to
this chapter, including but not limited to, false alarms which exceed the
numbers permitted pursuant to Section 9.06.130 whether or not the holder
has failed or refused to pay the false alarm penalty assessment fee as
provided in this chapter, the Issuing Officer may suspend or revoke the
permit. If an alarm user's permit is to be suspended or revoked, as
provided hereunder, the Issuing Officer shall notify the holder of the
~r~t in writing of the intention to revoke such permit seventy-two
ff hour of the suspension or revocation, along
before the e ective
with notice of the opportunity for administrative review of the proposed
action.
SECTION VIII. That Section 9.06.160 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 9.06.160 Appeals.
Any alarm user aggrieved by the decision of the Issuing Officer to
Ordinance No. 2457
Page 6
assess any penalty or to suspend or revoke the permit may appeal, to the
City Council by filing an appeal with the City Clerk within ten (10) days
of receipt of notice of the Issuing Officer's decision. The City Clerk
shall thereupon set the matter for hearing at the next regular City
Council meeting.
SECTION IX: That Section 9.06.170 of the Chula Vista Municipal Code is
amended to read as follows:
g.06.170 Criminal penalties.
Any person who violates any provision of this chapter shall be guilty
of an infraction, and upon conviction thereof shall be punished in
accordance with the California Penal Code regarding infractions. Such
persons shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of this
chapter is committed, continued or permitted by such persons.
SECTION X: This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presented by Approved as to form by
Willi;~ J.[~in~erS D. Richard Rudolf
Chief of POlice Assistant City Attorney
Ordinance No. 2457
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 23rd day of July, 1991, by the following vote:
AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: None
Leonard M. Moor~
Mayor Pro-Tempore
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, Vicki Soderquist, Deputy City Clerk of the City of Chula Vista, California,
do hereby certify that the foregoing Ordinance No. 2457 had its first reading
on June 18, 19gl, and its second reading and adoption at a regular meeting of
said City Council held on the 23rd day of July, 1991.
Executed this 23rd day of July, 1991.
Vi~ki Soderqais{, Deput~ty Clerk