Del Mar Municipal Code Ch. 9.34 Burglary, Robbery, and Emergency Alarm Systems

A. The volume and frequency of nuisance alarms threatens the safety of the public by causing a serious drain upon public safety services and equipment needed at other locations and threatens the welfare of the public by causing unnecessary expenditure of tax dollars through responses to nuisance alarms. It is the purpose of this Chapter to provide a system for recovering costs incurred by the City in responding to nuisance alarms from burglary, robbery and emergency alarm systems located in the City.

B. Exemptions. The provisions of this Chapter do not apply to alarm systems affixed to automobiles, boats, boat trailers or recreational vehicles.

(Ord. No. 618; Ord. No. 820; Ord. No. 838)

A. Alarm System means any device designed for the detection of an unauthorized entry on the premises where the system is located or for alerting others of the commission of an unlawful act, or the giving, signaling or transmission of a fire alarm device or signal of information to the effect that there is a fire, both which, when the alarm is activated, emits an audible or silent signal or message to which City law enforcement personnel or fire personnel are expected to respond.

B. Alarm User is the person who owns, operates and maintains an alarm system within the City.

C. False Alarm means: (1) the activation of an alarm system due to other than an unauthorized intrusion on the premises or the commission or attempted commission of an unlawful act, which the alarm system is designed to detect and to which City law enforcement personnel responded; or (2) the activation of an alarm system designed to detect fires or other similar emergency events when no such danger exists, and to which City fire department personnel responded.

1. Except that: an activation of an alarm system caused by any malfunction of telephone line circuits or violent natural catastrophic conditions does not constitute a false alarm. The alarm user has the burden of proving the applicability of this exception to a particular alarm.

2. The cause for activating an alarm system shall be determined by the City's law enforcement or fire department personnel. Upon failure to find any evidence of a fire or of an illegal entry on the protected premises or the commission or intended commission of an illegal act, it shall be presumed that a false alarm has occurred.

A. An alarm system which produces more than two false alarms in any 30- day period or three or more false alarms in any one year period is hereby declared to be a public nuisance.

B. An alarm user of an alarm system which creates a sufficient number of false alarms to constitute a public nuisance, as described in Subsection A above, is liable for the fees imposed under the authority of this Chapter.

C. Upon the occurrence of the third false alarm, a fee shall be imposed as provided in Section 9.34.040.

(Ord. No. 820)

A. Fees for a nuisance alarm shall be established periodically by resolution of the City Council to accomplish the purposes of this Chapter.

B. The amount of the fee shall be deemed a debt of the alarm user owed to the City, and shall include without limitation the reasonable attorneys' fees incurred by the City in collecting the fee.

A. During a response to a false alarm, the responding officer may, but is not required to, deliver to the alarm user a "Notice of Nuisance" which shall contain a message substantially as follows:

"This notice is given to you as a result of a response of the City of Del Mar to a false alarm at your premises. In accordance with Chapter 9.34 of the Del Mar Municipal Code, any alarm system which produces more than two false alarms in any thirty day period or three or more false alarms in any one year period is declared to be a public nuisance. You will be charged a fee for each nuisance alarm at your premises."

B. The "Notice of Nuisance" may contain such other information as deemed necessary by the City Manager to accomplish the purposes of this Chapter.

C. The failure to receive a "Notice of Nuisance" shall not be a defense to any action, including the issuance of citations, that the City may bring to enforce the provisions of this Chapter.

(Ord. No. 820)