This chapter shall be known and may be cited as the "City Security Alarm Ordinance."
(Ord. 71 § 2, 1981)
The city council finds and declares that:
A. 
Inadequately regulated security alarm systems present a danger to public health and safety and adversely impacts the provision of emergency services;
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; and
E. 
The necessity for the provisions and prohibitions contained in this chapter 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 and its residents.
(Ord. 71 § 2, 1981; Ord. 382 § 1, 2009)
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:
"Alarm system"
means 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 and 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.
"Person"
means a person, firm, corporation, association, partnership, individual, organization, company or a governmental political unit.
"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 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.
"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 corresponds 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.
"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 county.
"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.
"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.
"Nuisance alarm"
means the activation of an alarm system due to other than an intrusion on the premises or the commission or attempted commission of an unlawful act, which the alarm system is designed to detect. Any activation of an alarm system caused by any malfunction of telephone line circuits or violent natural catastrophic conditions does not constitute a nuisance alarm.
(Ord. 71 § 2, 1981; Ord. 382 §§ 2, 3, 2009)
A. 
Alarm Business Operators. No person shall operate an alarm business in the county without registering his name and filing with the issuing officer a copy of his valid state license as required by the state. No fee or application shall be required for such registration.
B. 
Alarm Agents. No person shall operate or shall be employed as an alarm agent in the county without registering his name and filing with the issuing officer a copy of his valid state identification card as required by the state. No fee or application shall be required for such registration.
(Ord. 71 § 2, 1981)
A. 
No person shall own, lease, rent, use or make available for use an alarm system without an alarm permit issued by the city. A separate alarm permit shall be required for each separate alarm system at a specified location and shall be valid only for that specified location. An alarm permit is non-transferable to any new location or alarm user.
B. 
An application for an alarm permit shall be filed with the city within thirty days of installation of an alarm system. Each application shall be on a form provided by the city and approved by the city and the San Diego County sheriff. It shall be the responsibility of the alarm permit holder to notify the city, in writing, of any changes to any information on the application within ten days of such changes occurring.
C. 
The city shall issue an alarm permit unless it finds that good cause exists to deny the alarm permit. Good cause to deny the alarm permit shall include, but not be limited to, installation of unreliable or otherwise faulty alarm system equipment, the failure of the alarm user to pay permit fees or penalty fees on any system operated by the alarm user, or factors which demonstrate that the public health and/or safety would be endangered by the issuance of the alarm permit.
D. 
Alarm permits shall remain valid indefinitely. Alarm permits shall expire automatically upon a change in alarm user or a change in address location of the alarm system. An alarm permit may be revoked pursuant to the provisions of Section 8.32.160. Within ten days of the expiration of an alarm permit, a new alarm permit is required by filing an application with the proper fee. Upon completion of the conditions of revocation of an alarm permit pursuant to Section 8.32.160, a new application may be submitted to the city with proof of completion of the conditions of revocation.
(Ord. 71 § 2, 1981; Ord. 181, 1990; Ord. 382 §§ 4,5, 2009)
Except as otherwise provided in this chapter, every person applying for an alarm permit shall at the time of filing the application pay a fee of seventy-five dollars for each alarm permit.
(Ord. 71 § 2, 1981; Ord. 382 § 6, 2009)
It is unlawful to use an alarm system other than for purposes specifically stated in the application as required by Section 8.32.050(B) of this chapter.
(Ord. 71 § 2, 1981)
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 sheriff's department.
(Ord. 71 § 2, 1981)
An audible alarm system shall terminate the emission of its audible signal within thirty minutes of its being activated, and the sheriff or his representative shall have the right to take such steps as may be necessary and reasonable to disconnect any activated alarm.
(Ord. 71 § 2, 1981)
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.
(Ord. 71 § 2, 1981)
For every audible alarm system, the owner may post the name and telephone numbers of persons to be notified to render repairs or service twenty-four hours a day.
(Ord. 71 § 2, 1981)
An alarm user with an alarm permit shall not operate an alarm system which generates more than two nuisance alarms, as defined in Section 8.32.030(H), in any six-month period. The first two false alarms in any six month period shall be considered accidental and no penalty fees shall be charged. The alarm user of the alarm system shall be notified in writing after each false alarm occurrence. The following penalty assessments shall be assessed for each false alarm in excess of two in any six-month period:
Third false alarm, fifty dollars;
Fourth false alarm, one hundred dollars;
Fifth false alarm, one hundred fifty dollars; and
Each additional false alarm, two hundred dollars.
(Ord. 71 § 2, 1981; Ord. 382 § 7, 2009)
The cause for activating an alarm system shall be determined by the sheriff. Upon a determination by the sheriff that the cause for activating an alarm system is not due to an intrusion on the premises or the commission or intended commission of an unlawful act, the sheriff will report the violation to the city.
(Ord. 71 § 2, 1981; Ord. 382 § 8, 2009)
A. 
The following shall be grounds for revocation of any alarm permit issued pursuant to this chapter:
1. 
Any false statement on the alarm permit application;
2. 
Failure to notify the city of any changes in the permit application information within the time limits provided by Section 8.32.050(B);
3. 
Failure to pay a fine imposed by Section 8.32.120 within thirty days of demand;
4. 
Four violations or more of Section 8.32.120 within any three hundred sixty day period.
B. 
Following revocation of such permit, the alarm system may not be used until a new application is filed and a new permit is issued. A new permit will only be issued upon a determination by the city that the underlying causes of the revocation as specified in subsection (A) of this section have been fully remedied, removed, or otherwise corrected.
(Ord. 71 § 2, 1981; Ord. 382 § 10. 2009)
The county shall be under no duty or obligation to a permittee or any other person by reason of any provision of this chapter.
(Ord. 71 § 2, 1982)
The provisions of this chapter do not apply to alarm systems used by Federal Deposit Insurance Corporation insured institutions, or to alarm systems affixed to automobiles, boats, boat trailers, recreational vehicles and aircraft.
(Ord. 71 § 2, 1981)
The provisions of this chapter do not apply to municipal, county, state and federal agencies.
(Ord. 71 § 2, 1981)
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.
(Ord. 71 § 2, 1981)