HomeMy WebLinkAboutOrd 1982-1995 Revised 7/28/82
ORDINANCE NO. 1995
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING
THERETO A NEW CHAPTER 9.06 RELATING TO SECURITY
ALARM SYSTEMS
The City Council of the City of Chula Vista does hereby
resolve as follows:
SECTION I: That Title 9 of the Chula Vista Municipal _
Code be, and the same is hereby amended by adding thereto a new
Chapter 9.06 to read as follows:
CHAPTER 9.06 SECURITY ALARM SYSTEMS.
Sec. 9.06.010 Short Title.
This chapter shall be known and may be cited as the
"Chula Vista Security Alarm Ordinance".
Sec. 9.06.020 Purpose and Intent.
The Chula Vista City Council finds and declares that:
(a) Inadequately regulated security alarm systems
present a growing danger to the health, safety and
welfare of the residents of the City of Chula Vista;
(b) The volume and frequency of nuisance alarms are
conditions which have persisted so as to become
hazardous and causing a serious drain upon limited
police services and equipment needed at other locations;
(c) The unnecessary waste of tax dollars through
responses to nuisance alarms must be reduced;
(d) Every residence and business property is
entitled to the safety and protection afforded by local
law enforcement;
(e) The necessity for the provisions and
prohibitions hereinafter contained and enacted is
declared to be a matter of public policy in the
pursuance of security and promoting the public health,
safety and welfare of the City of Chula Vista and its
residents.
Sec. 9.06.030 Definitions.
For 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 system" is 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 shall include those devices which emit a
signal within the protected premises only and supervised
by the proprietor of the premises where located, and
otherwise known as a proprietary alarm. Auxiliary
devices installed by a telephone company to protect its
systems which might be damaged or disrupted by the use
of an alarm system are not included in the definition.
(b) "Person" shall mean a person, firm, corporation,
association, partnership, individual, organization,
company or a governmental political unit.
(c) "Alarm agent" shall include any person who is
self-employed or employed directly or indirectly by an
alarm business operator whose duties include, but are
not limited to: selling, maintaining, installing,
monitoring, demonstrating or causing others to respond
to an alarm in or on any building, place or premises.
This definition shall not apply to local safety officers
as defined in Government Code Section 20019.4.
(d) "Alarm business operator" shall mean and include
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.
(e) "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 of Chula Vista.
(f) "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.
(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, misopera-
tion, 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 control of the owner or lessee of the alarm
system.
(i) "Issuing Officer" shall mean the Director of
Public Safety.
(j) "Residential" means premises used as dwelling
units which includes apartments and lodging houses.
(k) "Business" means any non-residential use.
Sec. 9.06.040 Registration.
(a) It shall be unlawful for any person,
partnership, corporation or firm to own, manage, conduct
or carry on an alarm business within the City of Chula
Vista without first having registered with the Police
Department; provided, however, such registration shall
not be required for any business which only sells or
leases said alarm systems from a fixed location unless
such business services, installs, monitors or responds
to alarm systems at the protected premises. Registra-
tion shall be accomplished by furnishing such informa-
tion as may be required by the Police Department,
including but not limited to the full name of the
business, the number of the license issued by the State
Director of Consumer Affairs for the alarm business, and
the name and business address of the manager of opera-
tions for the area which includes the City of Chula
Vista.
(b) Alarm Agents. It shall be unlawful for any
person, including the owners of an alarm business, to
act as an alarm agent within the City of Chula Vista
without first having registered his or her name and
filed with the Director of Public Safety a copy of the
alarm agent registration card issued to him by the State
Director of Consumer Affairs pursuant to the provisions
of Section 7514(g) of the California Business and Profes-
sions Code; provided, however, nothing herein shall
require a person to so register in order to install,
service, repair, alter, replace, or move an alarm system
on the premises owned or occupied by that person, and
further provided, nothing herein shall require a person
to so register who is merely a salesperson for any
business not required to obtain an alarm business permit
under the provisions of this section if such salesperson
does not engage in any other activities related to alarm
systems apart from selling.
Sec. 9.06.050 Alarm User's Permit.
(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 of Chula Vista
without first having obtained an alarm user's permit
from the Director of Public Safety in accordance with
this section. The application for an alarm user's
permit shall be filed with the Director of Public
Safety. The Director of Public Safety shall prescribe
the form of the application and request such information
as is necessary to evaluate and act upon the permit
application.
(b) The permit application as required under
paragraph (a) of this section shall state: the number of
alarm systems and specific purpose for which the alarm
system or systems shall be used; the alarm user's name;
the address of the premises in or upon which the alarm
system has been or will be installed; user telephone
number; the alarm business operator or operators
selling, installing, monitoring, inspecting, responding
to and/or maintaining the alarm system; and, the name
and telephone number of at least two (2) persons who can
be reached at any time, day or night and who are
authorized to respond to an alarm signal and who can
open the premises in which the system is installed.
(c) An alarm permit shall be valid for an indefinite
period unless there is a change in alarm user, address
location of the alarm system, type of alarm permit or
unless an alarm permit is revoked under the provisions
of Section 9.06,150 in which case a new permit is
required by filing a renewal application within ten (10)
days from the date such change or revocation occurs and
the appropriate fees paid.
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(d) Where an alarm system is in operation prior to
the effective date of this ordinance, the alarm user
shall be responsible for contacting the Issuing Officer
and obtaining a permit within ninety (90) days after the
effective date of this ordinance.
(e) If such alarm business or agent uses an alarm
system to protect its premises, it shall obtain a user
permit as required in this section.
Sec. 9.06. 060 Correction of Information.
Whenever any change occurs relating to the written
information as may be required in Section 9.06.050,
Alarm User's Permit, the permit holder or his designate
shall give written notice of such change to the Director
of Public Safety within five (5) working days.
Sec. 9.06.070 Alarm System Standards.
All alarm systems and appurtenant equipment installed
on any premises shall meet or exceed those standards
which may hereafter be established by resolution of the
City Council of the City of Chula Vista. The City
reserves the right to inspect all alarm systems subject
to all applicable laws including Code of Civil Procedure
Section 1822.50 et seq.
Sec. 9.06.080 Alarm System Regulations.
(a) Alarm Deactiviation - Audible Alarms.
Audible residential alarms shall be equipped with an
automatic shut off mechanism capable of terminating the
audible annunciator after activation within a maximum of
fifteen (15) minutes. Audible commercial alarm systems
shall be equipped with an automatic shut off mechanism
capable of terminating the audible annunciator after
activation within a maximum of thirty (30) minutes.
Those audible alarms installed prior to the effective
date of this section not capable of turning off the
annunciator shall have until ninety (90) days after this
section becomes effective to comply.
(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.
(c) Power Supply.
Alarm systems shall be supplied 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 (4) 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 annunciator shall be
disconnected while repairs are made.
Sec. 9.06.090 Purpose of Alarm System.
It shall be unlawful to use an alarm system other
than for purposes specifically stated in the application
as required by Section 9.06.050(b) of this ordinance.
Sec. 9.06.100 Direct Dial Telephone Device.
No alarm system shall be equipped with either a
Direct Dial Device or any direct line equipment which
when activated will automatically dial a telephone
number in or signal directly any office of the Police
Department.
Sec. 9.06.110 Alarm Business and Alarm Agent
Responsibility.
It shall be the responsibility of the alarm business
operator or the alarm agent or both to inform their
respective alarm system users of the provisions of this
chapter. An alarm business operator may obtain the
necessary permits for the alarm user.
Sec. 9.06.120 Repairs.
For every audible alarm system, the owner shall post
the names and telephone numbers of persons to be
notified to render repairs or service 24-hour a day.
Sec. 9.06.130 False Alarm Penalty Assessment.
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 Director of Public
Safety is authorized to demand that the user of that
alarm system disconnect the system until it is made to
comply with said requirements.
Any person having an alarm system which results in a
police response in which the alarm proves to be a false
alarm, shall pay a penalty assessment fee to the City of
Chula Vista as follows:
(a) False alarms received by the Police Department
from alarm systems which are in existence at the time of
the adoption of this chapter and which are in excess of
the maximum allowable number, as set forth below, shall
result in a penalty assessment as follows:
More than two (2) in any thirty (30) day period, or
more than three (3) within any ninety (90) day
period; or m~re than four (4) within any one hundred
eighty (180) day period; or more than six (6) in any
one (1) year period shall result in a penalty
assessment of twenty-five dollars ($25.00).
Each additional alarm after the twenty-five dollars
($25.00) penalty assessment for any given time period
shall result in a penalty assessment of fifty dollars
($50.00).
(b) Commencing with the date of a new alarm
installation and for six months thereafter, there shall
be no charge for the first through third false alarms.
For the fourth and subsequent alarms in such six (6)
month period, there shall be a penalty assessment of
twenty-five dollars ($25.00) per false alarm. At the
expiration of the six (6) month period, the penalty
assessment shall be governed by the provisions contained
in subsection (a) above.
Sec. 9.06.140 Right to Discontinue ResponSe.
The Director of Public Safety 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 (6) penalty
assessments within a one year 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
Director of Public Safety and paid any penalty
assessments that are due.
Sec. 9.06.150 Suspension/Revocation of Permits.
If at any time it shall come to the attention of the
Director of Public Safety that the holder of an alarm
user's permit under this chapter has violated any
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provisions Of this article, 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 or has failed or refused to
pay the false alarm penalty assessment fee as provided
in said section, the Director of Public Safety may
suspend or revoke the permit. If an alarm user's permit
is to be suspended or revoked, as provided hereunder,
the Director of Public Safety shall notify the holder of
the permit in writing of his intention to revoke such
permit seventy-two (72) hours before the effective hour
of the suspension or revocation.
Sec. 9.06.160 Appeals.
Any alarm user aggrieved by the decision of the
Director of Public Safety to assess any penalty or ot
suspend or revoke said permit may appeal to the City
Council.
Sec. 9 06.170 Criminal Penalties.
Any person who violates any provision of this'chaper
excluding the provisions of Section 9.06.130, Penalty
Assessments, 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 provisions of this chapter is committed,
continued, or permitted by such persons.
Sec. 9.06.180 Limitations of Liability.
The City of Chula Vista shall be under no duty or
obligation to a permittee or any other person by reason
of any provision of this chapter.
Sec. 9.06.190 Severability of Provisions.
If any section of this ordinance, or any part
thereof, is determined invalid or unconstitutional, such
determination shall not invalidate the remaining
portions.
Sec. 9.06.200 Other Alarm Systems.
The provisions of this chapter do not apply to alarm
systems used by the Federal Deposit Insurance
Corporation insured institutions, or to alarm systems
affixed to automobiles, boats, boat trailers,
recreational vehicles and aircraft.
Sec. 9.06. 210 Governmental Entities.
The provisions of this chapter do not apply to
municipal, county, state and federal agencies.
Sec. 9.06. 220 Confidentiality.
To the extent authorized by State law, the
information furnished and secured pursuant to this
chapter shall be confidential in character and shall not
be subject to public inspection and shall be kept so
that the contents thereof shall not be known except to
persons charged with the administration of this chapter.
SECTION II: This ordinance shall take effect and be in
full force and effect on the thirty-first day from and after its
adoption.
Presented by Approved as to form by
b t Attorney
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
( ' OF CHULA VISTA~ CALIFORNIA~ HELD Augus:t 3 , 19 82 AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD August 10 ·
19 82 ~ BY THE FOLLOWING VOTEr TO-WIT:
AYES: Councilmen Moore, Scott, Cox, Malcolm
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen McCandl i ss
~~e C~j~y*of C~ula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
ORDTNANCE NO. 1995
,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
ORDINANCE NO. 1995
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING THERETO A NEW CHAPTER 9.06 RELATING TO
SECURITY ALARM SYSTEMS
By a unanimous vote of those present (Councilwoman
McCandliss was absent), the City Council placed
the ordinance on its second reading and adoption.
Basically, the ordinance requires a permit for
security alarm systems, provides a penalty for
excessive false alarms, and allows a 90-day grace
period for existing companies to register along
with a 6-month grace period for new installations
to have their systems operating properly before a
penalty will be assessed.
Copies of the ordinance are available at the
office of the City Clerk, City Hall, 276 Fourth
Avenue, Chula Vista.
Dated: August 12, 1982
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