La Mesa Municipal Code Ch. 10.100 Alarm Response User System

The City Council of La Mesa finds that the volume and frequency of falsely activated security alarm systems is due to inadequate installation, poor maintenance and employee error, resulting in a growing danger to the health, safety and welfare of the residents and visitors of the City of La Mesa. Furthermore, alarm system activations are a high priority police call for service, resulting in a swift response involving two or more officers, who are then out of service for extended periods of time, and requiring the drawing of weapons. These elements increase the danger to the police officers and public, interrupt other police services and public activities, and are a serious drain upon limited police services and equipment needed at other locations. This volume and frequency of falsely activated security alarm systems is a condition which has persisted so as to become an increasingly hazardous public nuisance.

(Ord. 2313; May 12, 1983)

It is the intent of this ordinance to provide every residence and business equal safety and protection afforded by local law enforcement, to establish a reasonable limit for law enforcement responses to falsely activated security alarms, and to institute a system to deter excessive false alarms.

(Ord. 2313; May 12, 1983)

For the purposes of this chapter, the following definitions shall apply:

(a) "Security Alarm Systems" means any mechanical or electrical device or devices which is designed or used for the detection of an unauthorized entry into a building, structure, facility or vehicle, or for alerting others of the commission of an unlawful act, and which emits a sound or transmits a signal or message, when activated, that is intended to evoke a police department response.

(b) "False Alarms" means any activation of a security alarm system not resulting from criminal activity or unauthorized entry by failure, malfunction, accidental tripping, misoperation, misuse or poor maintenance by the owner or lessee of the alarm system or his employee or agent of any other activation of a security alarm system that results in a response by the La Mesa Police Department where no emergency situation exists.

(c) "Public Nuisance Alarm" is any security alarm system which, due to any false activation, continues and does not terminate within 30 minutes or results in multiple activations wherein no emergency, criminal activity or unauthorized entry exists and results in a public disturbance of the peace.

(d) "Alarm User" is any person, owner, lessee or manager of a business, building or facility, residential owner, rentor or lessee of residential property, buildings or facilities, or vehicle owner or lessee that has installed and/or uses a security alarm system.

(Ord. 2313; May 12, 1983)

It shall be the responsibility of the alarm user to maintain or have maintained in proper working order, any type of security alarm system installed upon, in or around the protected property, from system failure, malfunction, misuse, misoperation or accidental tripping and to insure that any agent, lessee, relative or guest does not falsely activate the system due to system failure, malfunction, misuse, misoperation or accidental tripping.

(a) Every alarm user shall post, legible to law enforcement personnel, 1) the name and phone number of the alarm company providing 24-hour response service; or 2) shall make available and keep up to date, on file with the La Mesa Police Department, the names and phone numbers of two persons who will respond at the request of the police department to silence the alarm and check the alarmed area. This section provides ability to notify a responsible party.

(b) It shall be unlawful to use an alarm designed to report robberies (211 P.C.), burglaries (459 P.C.) or fires for any other purpose, non-emergency service or disturbance, knowing such report to be false.

(Ord. 2313; May 12, 1983)

It shall be the responsibility of the Chief of Police, his designate or agents to respond to all security alarm activations, conduct an investigation to reasonably determine the basis for the alarm activation, document the results of this investigation, and in cases involving excessive alarm system activations, notify the alarm user of their responsibility to correct the problem, charge a service fee for excessive police responses or discontinue police service, until the alarm user presents written evidence showing correction of the problem and/or fees paid.

(a) The Chief of Police, his designate or agents will conduct an investigation of the protected property to determine if the alarm activation resulted from any criminal activity, unauthorized entry or attempted entry upon or following which communication is made to the police department that an alarm has been activated. If a police response and investigation of the protected property, according to standard department operating procedures, is unable to discover any evidence of criminal activity, unauthorized entry or attempted entry, a presumption of false alarm will be made.

(b) The Chief of Police, his designate or agents, shall have the right and responsibility, in the interest of protecting property or lives, and under the laws of the State of California and United States, may enter lands, buildings, facilities or vehicles while investigating an alarm activation.

(c) The Chief of Police, his designate or agents will notify the alarm user by letter or in person regarding an alarm activation, the results of the investigation, the alarm user's responsibilities and/or charge for excessive activations requiring police responses, or discontinue police service.

(d) The Chief of Police, his designate or agents may charge an alarm user a service fee and collect for excessive alarm activation or police responses based upon the below schedule.

(e) The Chief of Police, his designate or agents can/will refuse to respond to any protected property wherein the alarm user has been previously warned and charged, and more than four (4) false alarms have occurred within any twelve (12) month rotating period, until such time and to the satisfaction of the Chief of Police, his designate or agents, written documentation has been provided insuring correction of the security alarm system, and service fees paid.

(f) Police officers of the City of La Mesa Police Department shall have the right and responsibility to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, structure, residence, motor vehicle, institution or other facility, if said alarm becomes a public nuisance alarm, and may seek a complaint against the alarm user for disturbing the peace.

(Ord. 2313; May 12, 1983)

The city council of La Mesa finds that it is reasonable to provide police department response to any protected property upon a security alarm activation, unless and until the activations are reasonably determined to be false alarms. In the event any security alarm system is falsely activated more than four times in any twelve month rotating period, a service fee shall be charged for the fifth falsely activated alarm and each false alarm thereafter, in an amount established by city council resolution. Once service fees have been paid and written documentation has been provided insuring correction of the security alarm system, the chief of police will reinstate police response to alarm activations beginning a new twelve month rotating period.

(Ord. 2313; May 12, 1983: Ord. 2459 § 18; August 11, 1987: Ord. 2524 § 1; May 9, 1989)

An alarm user may appeal a determination that an alarm activation at their protected property was false and may appeal a service fee charge, or denial of service, to the chief of police within ten days after receipt of notice of fees due. The appeal must be made in written form. The decision of the chief of police will be final regarding the results of an alarm activation investigation determination, service fee charge or service denial.

(Ord. 2313; May 12, 1983)

The following are excluded from the operation of this chapter:

(a) An "exempt" alarm system is a security alarm system owned, maintained and monitored by any governmental law enforcement agency in furtherance of law enforcement duties.

(b) Alarm systems which are not intended or designed to alert directly or indirectly law enforcement agencies or others outside the protected property, but are designed solely to alert security personnel or others directly connected with or employed by the owner or operator of the protected property.

(c) Vehicles are not required to comply with Section 10.100.040 (a) (1) or (2).

(Ord. 2313; May 12, 1983)

Any person or alarm user violating the provision of this chapter shall be held civilly liable by the city of La Mesa and subject to service fees or denied police response service as contained herein. Any person or alarm user who fails to pay a user fee within fifteen days of receipt of notice of fees due and has not appealed such action, shall be denied police response service as contained herein, until such time as fees are paid and the alarm user complies with this ordinance.

(Ord. 2313; May 12, 1983)