Chula Vista Municipal Code Art. III Alarm User Duties and Permits

• A. Each alarm user is responsible for:

  1. Obtaining a permit from the City for his or her alarm system within 30 days after installation or prior to activation, whichever is first.

  2. Paying the permit fee.

  3. Providing to and maintaining with the City current contact information.

B. Each alarm user is responsible for ensuring that his or her alarm system is used lawfully, properly, and in accordance with the manufacturer’s 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 cancel accidental activations, and ensuring that procedures and practices are followed 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 working order.

D. Each alarm user is financially responsible for paying permit fees, fines associated with a police response to false alarms 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 subsection (A), (B), (C) or (D) of this section, or any other requirement for alarm users imposed in this chapter, may lead to revocation of the alarm permit. See CVMC 9.06.170, Revocation of alarm permit. (Ord. 3278 § 1, 2013).

A. No person shall use an alarm system installed in a building or structure in the City unless the person holds a valid alarm permit issued pursuant to this chapter.

B. No alarm company providing alarm-related services in the City shall activate an alarm monitoring service or initiate alarm dispatch requests relative to any alarm site in the City unless the alarm user has first obtained an alarm permit as required in this chapter.

• C. Each alarm permit shall be valid for only one alarm system, one location, and one alarm user.

D. Operating an alarm without an alarm permit 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 alarm site by the amount of the alarm permit, if the user obtains an alarm permit within 30 days of incurring the false alarm fine.

E. Each alarm permit shall be valid for one year from the date of issuance, unless earlier revoked pursuant to this chapter.

F. Two-year alarm permits that are valid on the date the ordinance codified in this chapter becomes effective will be honored for the duration of the permit, unless earlier revoked pursuant to this chapter. An annual permit will be required upon expiration of the two-year permit.

• G. An alarm permit is attached to the alarm user and the alarm site and is not transferable.

  1. A new alarm permit must be obtained by the new owner/occupant whenever there is a change of ownership or control of an alarm site.

H. Information required in the alarm permit application shall be determined by the alarm administrator and shall include pertinent contact information, including but not limited to the following: user name, address, email address, contact phone numbers, alarm system information, and contact information for the alarm monitoring service.

• I. An alarm permit may be renewed under the following conditions:

  1. The alarm site has no past-due fees, fines or penalty assessments.

  2. The permit has not been revoked for excessive 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 are due and must be submitted to the alarm administrator on or before the expiration date of the permit each year.

K. Alarm permit fees are listed in the City of Chula Vista’s master fee schedule, available from the Finance Department or on the City’s website. (Ord. 3278 § 1, 2013).

The alarm administrator shall deny the issuance of an alarm permit to an applicant if one or more of the following circumstances exist:

• A. The alarm system does not comply with this chapter or the rules and regulations adopted by the Chief of Police pursuant to this chapter.

B. The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for an alarm permit, or in any report or record required to be filed with the City pursuant to the provisions of this chapter.

C. The applicant has failed to remit payment of fees, fines, or charges owed 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 previously revoked within one year of the date of the application, and the applicant cannot provide evidence to the alarm administrator’s satisfaction that a material change in circumstances has occurred since the date of revocation indicating the applicant’s ability to comply with the provisions of this chapter.

E. The applicant has violated any of the provisions of this chapter within three years prior to the date of application; unless the applicant provided evidence to the alarm administrator’s satisfaction that the applicant is capable of complying with the provisions of this chapter. (Ord. 3278 § 1, 2013).

A. Four or More False Alarms. An alarm permit may be revoked for the duration of the permit upon the fourth false alarm in a 12-month period.

B. Additional Grounds for Revocation. An alarm permit may be revoked for the duration of the alarm permit for any of the grounds for denial of alarm permit issuance listed in CVMC 9.06.160.

C. An alarm user whose 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) submitting a false alarm abatement plan for the approval of the alarm administrator, and (3) paying any and all false alarm fines and penalties due.

D. False Alarm Awareness Class. The alarm administrator shall make available an online false alarm awareness class to those whose alarm permits have been revoked pursuant to this section.

1. Successful completion of the alarm administrator’s false alarm awareness class by an alarm user also may serve in lieu of payment of a first-time false alarm fine, one time, per registered alarm site.

   • a. Following successful completion of the false alarm awareness class, the next false alarm will be billed as second false alarm under the City’s master fee schedule.

2. Any enrollment fee for the false alarm awareness class shall be less than the fine for a first-time false alarm, as set out in the master fee schedule. (Ord. 3278 § 1, 2013).

A. Verification that a crime or attempted crime is in progress must be provided by an alarm system monitoring company concurrently with a request for a police response to a security alarm at alarm sites with excessive false alarms – four or more false alarms in a 12-month period – in the following circumstances:

1. 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 permit has been revoked pursuant to CVMC 9.06.170(A) (four or more false alarms in a 12-month period); or

3. Exempt. When an alarm user that is exempt from this chapter has four or more false alarms in a 12-month period.

B. Verification shall be by real-time audio or video surveillance provided by the alarm system and reviewed by the alarm system monitoring company, or by a third-party report from the alarm site sent to the alarm system monitoring company, that positively verifies evidence of a crime or an attempted crime at the alarm site.

C. The alarm system monitoring company shall retain evidence of the verification for one year from the alarm and shall provide copies of such evidence to the alarm administrator upon request.

D. If an alarm user appeals the requirement for verified response, pursuant to CVMC 9.06.220, the alarm user must demonstrate compliance with the provisions of this chapter, including (1) obtaining a valid alarm permit; (2) completing a false alarm awareness class; (3) submitting a false alarm abatement plan for the approval of the alarm administrator; and (4) paying any and all false alarm fines and penalties due. (Ord. 3278 § 1, 2013).

The Department reserves the right to discontinue a police response to any alarm site for excessive false alarms – four or more false alarms in a 12-month period. Eligibility for a police response may be reinstated pursuant to CVMC 9.06.180(A). (Ord. 3278 § 1, 2013).

An alarm system monitoring service shall communicate cancellation of a request for a police response in the manner required by the alarm administrator. Cancellation of a request for a police response to an alarm before a police officer is assigned to the call shall not count as a false alarm for the purposes of this chapter. (Ord. 3278 § 1, 2013).

Alarm permits must be renewed annually.

A. The renewal application shall be submitted to the alarm administrator, accompanied by a nonrefundable renewal application fee.

B. Renewal may be denied for any reason that is grounds for denial or revocation of the user permit, pursuant to CVMC 9.06.160 or 9.06.170. (Ord. 3278 § 1, 2013).

A. If the alarm administrator determines that an alarm permit should be denied, or revoked, or a false alarm fine imposed on an alarm user, or that a verified response is required, the alarm administrator must provide the alarm user with written notice thereof, including the reasons therefor. The notice may be provided by email, facsimile or U.S. mail.

B. The alarm user shall have the right 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 City Manager within 10 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 within 60 days after it is received by the City Manager. The hearing shall be conducted in accordance with the provisions of Chapter 1.40 CVMC. The determination of the City Manager or designee shall be final. A fee as set forth in the master fee schedule shall be imposed by the City Manager as a condition to filing any 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 CVMC. (Ord. 3278 § 1, 2013).