Chula Vista Municipal Code Art. I General Provisions and Definitions

This chapter shall be known and cited as the “Chula Vista security alarm ordinance.” (Ord. 3278 § 1, 2013).

The City Council finds and determines that:

A. Inadequately operated, maintained or installed security alarm systems in residential and commercial buildings can cause false alarms;

• B. The persistent, high volume of false alarms endangers the health, safety and welfare of the City’s residents;

C. False alarms also drain limited police resources by preventing, diverting, or delaying police officers and police dispatchers from serving actual public safety needs, such as answering calls for service, addressing the community’s public safety priorities, enforcing laws, investigating and solving crimes, and preventing crime;

• D. The unnecessary waste of public tax dollars by police responses to false alarms must be reduced;

E. Regulating alarm systems, alarm users, and companies that provide alarm 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 safety and protection provided by law 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 significantly reduce or eliminate false alarm dispatch requests made to the Police Department;

G. Regulating alarm systems installed in buildings, alarm users, and alarm businesses is a matter of public policy in pursuing security and promoting the public health, safety and welfare of the City and its residents. (Ord. 3278 § 1, 2013).

The provisions of this chapter are adopted as an exercise of the City’s police power to promote the public health, safety, and welfare and are not intended to protect individuals or otherwise 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 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 are placed solely upon the parties responsible for owning, operating, monitoring, or maintaining alarm systems within the City. Nothing in this chapter shall be interpreted as requiring or promising any response by public safety officers to any alarm. (Ord. 3278 § 1, 2013).

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 CVMC 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 CVMC 9.06.220.

• C. “Alarm business” means the selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving, or installing of any alarm system in or on any building, real property, or premises.

• D. “Alarm company” means any person engaged in an alarm business for any consideration whatsoever. This term includes an “alarm system monitoring company.”

E. “Alarm dispatch request” means a communication to the Department, via police dispatch, by an alarm company indicating that an alarm system has been activated at a particular alarm site and requesting a police response to that alarm site.

F. “Alarm system” means an “alarm system” as defined in California Business and Professions Code Section 7590.1 and which is installed in a building.

G. “Alarm system monitoring company” or “monitoring company” means any person that, for any consideration whatsoever, engages in the business, practice, or profession of monitoring alarm 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.

• I. “Alarm permit” means that permit required under CVMC 9.06.150.

• J. “Audible alarm” means an alarm system that, when activated, generates an audible sound at its location.

• K. “Chief of Police” means the Chief of Police of the City or his or her designee.

• L. “City” means the City of Chula Vista and/or the area within the incorporated municipal boundaries of the City of Chula Vista.

• M. “Department” means the Chula Vista Police Department.

N. “Duress alarm” (also “hold-up alarm,” “panic alarm,” or “robbery alarm”) means an alarm signal generated by the manual or automatic activation of a device, or any system, device or mechanism, installed in or near a building intended to signal that a robbery or other serious crime is in progress, 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 verification” is a monitoring procedure requiring that a minimum of two calls be made prior to making an alarm dispatch request. At least two calls must be made to different phone numbers where a responsible party can typically be reached.

P. “False alarm” means an alarm to which 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 activation, or the responding 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 by CVMC 9.06.130(D) and 9.06.230(C), means an alarm system that permits the manual activation of an alarm signal by entering on a keypad 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) of this section, “duress alarm.”

• S. “Person,” for purposes of this chapter, means an individual, individuals, corporation, partnership, association, organization or similar entity.

• T. Robbery Alarm. See subsection (N) of this section, “duress alarm.”

• U. “Verified response” means information received from a person physically present at an alarm site, or from real-time audio or video surveillance at the site, that positively verifies evidence of a crime or an attempted crime at the alarm site. (Ord. 3278 § 1, 2013).

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 two telephone calls to determine whether 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. (Ord. 3278 § 1, 2013).

• 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 are consistent with the provisions of this chapter. (Ord. 3278 § 1, 2013).

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 worn on a person. (Ord. 3278 § 1, 2013).

Except for provisions relating to permit fees and false alarm fines, municipal, county, state and federal agencies are required to comply with, and are subject to, the provisions of this chapter. (Ord. 3278 § 1, 2013).

The amount of all fees, fines, and charges specified in this chapter shall be set by resolution of the City Council, in accordance with Chapter 3.45 CVMC, Master Fee Schedule. (Ord. 3278 § 1, 2013).

To the extent authorized by state law, the information furnished 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. (Ord. 3278 § 1, 2013).