San Diego Municipal Code Div. 37 Police Regulated Burglary and Panic Alarm Systems

(Retitled from “Burglary, Robbery and Emergency Alarm Systems” to “Police Regulated Burglary and Panic Alarm Systems” on 5-5-2017 by O-20819 N.S.; effective 6-4-2017.)

The Council encourages citizens to take proactive safeguards to protect life and property from harm, damage, or theft, and recognizes that alarm systems help achieve this goal. The Council further recognizes the vast majority of responses to alarm systems by law enforcement are false alarms. Most false alarms are the result of improper maintenance or careless use of an alarm system. Police officers responding to false alarms are not available to carry out other law enforcement duties. The Council finds that excessive false alarms unduly burden law enforcement resources. In the interest of using law enforcement resources most effectively and efficiently, the number of false alarms can and must be reduced. The purpose of this Division is to preserve public health, safety, and welfare by providing regulation over alarm systems. It is also the purpose of this Division to reduce annoyances associated with false alarms, to establish reasonable expectations of alarm businesses and alarm users, to encourage alarm users to maintain their alarm systems in good working condition and to use them properly, and to ensure that alarm users are held responsible for their alarm systems. (“Purpose” added 5-5-2017 by O-20819 N.S.; effective 6-4-2017. Former Section 33.3701 “Definitions” renumbered to Section 33.3702.)

For purposes of this Division, defined words appear in italics. The following definitions apply in this Division:

Alarm agent means any person who is directly or indirectly employed by an alarm
business, and whose duties include selling, installing, monitoring, leasing,
maintaining, servicing, repairing, altering, replacing, moving, converting, or taking
over any alarm system.

Alarm business means any person engaged in the enterprise of selling, installing,
monitoring, leasing, maintaining, servicing, repairing, altering, replacing, moving,
converting, taking over, or responding to any alarm system. It does not include the
property owner or property manager of an apartment complex that provides alarm
systems in each residential unit as an amenity.

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Alarm system means any single mechanical or electrical device used to detect unauthorized entry into any building or other structure, or to alert others to the possible commission of an unlawful act within a building or other structure, that when triggered emits a sound or transmits a signal or message that is intended to evoke a law enforcement response. This includes any audible alarm or other alarm system whether or not it is monitored by an alarm business, alarm agent, or alarm user, or installed by an alarm business or alarm user.

Alarm user means any person who possesses or controls an operating alarm system, or who occupies, controls, or possesses the building or structure protected by an alarm system.

Audible alarm means any alarm system that when triggered can or is intended to be heard from the exterior of any building or other structure.

Authorized responder means a person who is authorized by the alarm user to cancel a law enforcement response, respond to the alarm site when requested by law enforcement to deactivate the alarm system, provide access to the alarm site, and provide alternative security for the alarm site.

Burglary alarm means any alarm system that is triggered upon detection of unauthorized entry into any building or other structure and thereby causes a local audible alarm or the transmission of a signal or message intended to evoke a law enforcement response.

Business tax certificate has the same meaning as Certificate as defined in Municipal Code section 31.0110(a).

Call for service means any call made to the Police Department requesting police services and includes officer initiated calls.

Chief of Police and Police Officer have the same meaning as in San Diego Municipal Code section 33.0201.

Conversion means the assumption by one alarm business of the duty to service, maintain, or monitor an alarm system previously serviced, maintained, or monitored by another alarm business.

Distress alarm means any alarm system with an alarm signal generated by manual activation of a device to summon immediate medical help.

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Duress alarm means any alarm system with a silent alarm signal generated by manual activation of a device to signal a life threatening situation or a crime in progress requiring law enforcement response.

Emergency situation means any circumstance in which there is reason to believe that (1) a person not authorized to do so entered or attempted to enter, or is entering or attempting to enter, any building or other structure protected by an alarm system; (2) a person committed or attempted to commit, or is committing or attempting to commit, an unlawful act within a building or other structure protected by an alarm system; or (3) there is an identifiable risk of harm to a person or property within or on the premises of a building or other structure protected by an alarm system.

Enhanced call verification means two attempts are made by an alarm business or alarm agent to contact an alarm user in person, by telephone, or by other electronic means, to verify that the alarm signal activation is not false before a call for service is made.

Exempt user means any municipal, county, state, federal, or other government agency.

False alarm means any activation of an alarm system that results in a call for service where an emergency situation does not exist. It includes activations caused by mechanical or electrical failure, malfunction, improper installation, sensor sensitivity, accidental tripping, misuse, or negligent maintenance by an alarm business, alarm agent, or alarm user. It does not include activations caused by extreme weather conditions, telephone line problems, or any other extraordinary factors over which the alarm business, alarm agent, or alarm user has no direct or indirect control. It does not include activations where the call for service is cancelled by an alarm user, authorized responder, or alarm agent, and law enforcement does not arrive at the alarm site.

Fee means a permit fee, penalty fee, or fine.

Fine means money assessed when an alarm system generates false alarms.

Panic alarm means a duress alarm, distress alarm, or robbery alarm.

Penalty fee means money assessed when an alarm system without a permit generates
a call for service.

Permit has the same meaning as in Municipal Code section 33.0201.

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Permit fee means money assessed to process the alarm system permit application.

Robbery alarm means any alarm system with an alarm signal generated by manual activation of a device to alert law enforcement to the possible commission of an unlawful act within a building or other structure.

Sell means to furnish, give, exchange, transfer, deliver, distribute, supply, maintain, lease, service, repair, alter, replace, move, install, or monitor in exchange for money

or other consideration.

Takeover means the assumption by one alarm user of the control of an alarm system previously controlled by another alarm user. (Amended 1-3-1984 by O-16099 N.S.) (Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005) (Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.) (Renumbered from former Section 33.3701 and amended 5-5-2017 by O-20819 N.S.; effective 6-4-2017.) (Amended 10-12-2022 by O-21545 N.S.; effective 11-11-2022.)

(a) It is unlawful for any person to operate an alarm business without a business tax certificate.

(b) It is unlawful for any person to operate an alarm business not registered as
required by the State of California.
(c) Any alarm business that sells any alarm system shall do the following:

(1) Obtain an alarm system permit, using the permit application provided
by the Chief of Police, on behalf of the alarm user before putting the
alarm system into service;

(2) Collect the alarm system permit application and permit fee from each
alarm user;

(3) Mail, electronically file online, or hand deliver the completed permit
application and permit fee to the Chief of Police before putting the
alarm system into service; and

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(4) When requested by the Chief of Police, provide its most current
customer information on any alarm user and alarm system installed by
the alarm business in the City of San Diego.

(d) Any person or business that sells at retail any alarm system and does not
personally or through an agent install, maintain, service, inspect, and monitor,
or plan the alarm system for any location, shall provide to the purchaser at the
time of the sale an alarm system permit application and certification form, as
provided in Municipal Code section 33.3708.
(“Alarm Business and Agent Responsibility” added 6-29-1981 by 15530 N.S.,
effective 10-1-1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3702 and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

(a) It is unlawful for any person not registered as an alarm agent with the State of California to perform any duties of an alarm agent.

(b) Any person performing the duties of an alarm agent shall carry on his person
a valid alarm agent registration card issued by the State of California.
(“Alarm Permits Required” added 6-29-1981 by O-15530 N.S., effective 10-1-1981)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3703 and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

(a) Prior to the conversion of any alarm system, the alarm business transferring the duty to service, maintain, or monitor shall ensure that the alarm user has a valid permit for the alarm system being converted.

(b) If the alarm user does not have a valid permit for the alarm system being
converted, the alarm business transferring the duty to service, maintain, or
monitor shall obtain the permit on behalf of the alarm user as provided in
Municipal Code section 33.3703.

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(c) Nothing in this Division prohibits the alarm business from recovering from an
alarm user the amount of the permit fee.

(“Application for Alarm Permit” added 6-29-1981 by O-15530 N.S., effective 10-1-
1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3704, retitled from “Alarm System
Conversion” to “Alarm System Conversion by Alarm Business,” and amended
5-5-2017 by O-20819 N.S.; effective 6-4-2017.)

(a) Upon any takeover of an alarm system maintained, serviced, inspected, or monitored by an alarm business, the alarm business shall determine whether a permit has been issued to the alarm user assuming control of the alarm system.

(b) Upon a determination that a permit has not been issued to the alarm user
assuming control of the alarm system, the alarm business shall obtain a permit
on behalf of the alarm user and comply with Municipal Code section 33.3703.

(c) Nothing in this Division prohibits the alarm business from recovering from an
alarm user the amount of the permit fee.
(“Alarm Permits - Duration and Transfer” added 6-29-1981 by O-15530 N.S.,
effective 10-1-1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from Section 33.3705, retitled from “Alarm System Takeover” to
“Alarm System Takeover By Alarm User,” and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

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(a) It is unlawful for any alarm user to operate, activate, or control any alarm system unless the alarm user has a current, valid permit issued by the Chief of Police for that alarm system.

(b) Any alarm user whose alarm system is not covered by the duties imposed on
alarm businesses shall submit an alarm system permit application and permit
fee to the Chief of Police.
(“Alarm Permits - Fees” added 6-29-1981 by O-15530 N.S., effective 10-1-1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005.)
(Renumbered from former Section 33.3706, retitled from “Alarm User Permit
Required; Violation,” to “Alarm System Permit Required” and amended 5-5-2017 by
O-20819 N.S.; effective 6-4-2017.)

(a) Any person applying for an alarm system permit shall submit to the Chief of Police, on a form provided by the Chief of Police, a legibly written application containing the following information:

(1) Name, address and telephone number of the alarm user (including
separate mailing address if applicable);

(2) Classification of the alarm location as residential or commercial;

(3) Alarm system type (e.g., burglary, robbery, silent, audible);

(4) Area covered by alarm system;

(5) Name, address, and telephone number of an authorized responder; and

(6) Name, address, and telephone number, Business Tax Certificate, and
state license number of the alarm business that will monitor the alarm
system, if any.

(b) All permit fees must be paid at the time the alarm system permit application is
filed.

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(c) Each permit application must be accompanied by a signed certification by the
alarm user and alarm business stating the following:
(1) The date of the installation, conversion, or takeover, whichever is
applicable;

(2) The name, address and telephone number, City Business Tax
Certificate number and state license of the alarm business installing
the alarm system, or performing the conversion or takeover of the
alarm system, if any;

(3) The name, address, and telephone number of the alarm business or
alarm agent responsible for providing repair service to the alarm
system, if any;

(4) That written operating instructions for the alarm system, and all
necessary information regarding the proper use of the alarm system
have been provided to the alarm user applying for the permit; and

(5) That the alarm business has provided to the alarm user instruction on
how to avoid false alarms, including instruction on enhanced call
verification, and the possible consequences of false alarms.

(d) Failure to provide any of the required information is sufficient cause to deny the application for a permit.

(e) An application will not be considered complete if at the time the application is
being considered any fees assessed in accordance with this Division have not
been paid.

(f) If an alarm user has one alarm system protecting more than one address, a
separate permit shall be required for each address.

(g) Each alarm user permit application must be accompanied by an authorization
form, provided by the Chief of Police and signed by the alarm user, providing
that in the event an alarm user’s alarm system generates a call for service the
alarm user agrees to:

(1) Take responsibility for securing the premises if the building is found
in an unsecured condition or becomes unsecured as a result of entry by
police officers. A building is in an unsecured condition when it
satisfies the definition of unsecured structure in section 54.1202 of
this Code.

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(2) Authorize the City and its contractor to enter the alarm user’s property
and abate the unsecured structure if (i) the alarm user or authorized
responder is unavailable, unable, or unwilling to take responsibility
for the premises within thirty minutes after City personnel or designee
attempts to make contact; or (ii) the police officer must respond to
another call for service, complaint, or incident before the alarm user
or authorized responder is able to arrive at the scene.

(3) Authorize the City and its contractor to bill the costs of abating the
unsecured structure to the alarm user and that any such costs shall
become the indebtedness of the alarm user. In accordance with
sections 54.1209 and 54.1210 of this Code, after receiving notice of
the abatement, the alarm user has the right to appeal the abatement
action. For the purpose of this Section, abatement has the same
meaning as in section 11.0210 of this Code.
(“Alarm Systems - Prohibition of Direct Dial Telephone Devices” added 6-29-1981
by O-15530 N.S., effective 10-1-1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3707, retitled from “Application for Alarm
User Permit” to “Application for Alarm System Permit,” and amended 5-5-2017 by
O-20819 N.S.; effective 6-4-2017.)
(Amended 10-12-2022 by O-21545 N.S.; effective 11-11-2022.)

Upon request of law enforcement, an authorized responder shall appear at the location of the alarm system no later than thirty minutes after being advised that law enforcement received a signal or message indicating that the alarm system has been activated, and shall allow law enforcement personnel access to the premises, deactivate the alarm system, and provide security for the premises. Failure to respond may result in the revocation of the alarm system permit. (Amended 1-3-1984 by O-16099 N.S.) (Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005) (Renumbered from former Section 33.3708 and amended 5-5-2017 by O-20819 N.S.; effective 6-4-2017.)

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(a) An alarm system permit shall expire on the last day of the twelfth month following the issuance of the permit.

(b) The renewal of an alarm system permit upon the permit’s expiration shall be
the responsibility of the alarm user.
(Amended 1-3-1984 by O-16099 N.S.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005)
(Renumbered from former Section 33.3709, retitled from “Expiration of Alarm User
Permits” to “Expiration of Alarm System Permits,” and amended 5-5-2017 by
O-20819 N.S.; effective 6-4-2017.)

Alarm system permits shall not be transferable from one person to another or from one location to another. (“Exceptions” added 6-29-1981 by O15530 N.S, effective 10-1-1981.) (Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005) (Renumbered from former Section 33.3710, retitled from “Alarm User Permits Not Transferable” to “Alarm System Permits Not Transferable,” and amended 5-5-2017 by O-20819 N.S.; effective 6-4-2017.)

(a) Any alarm user whose alarm system generates a call for service without first obtaining an alarm system permit will be assessed a penalty fee for each call for service until the permit is obtained. The alarm user will also be assessed a fine for each false alarm. The penalty fees and fines will be assessed according to the established rates kept in the fee schedule on file in the Clerk’s Office.

(b) Except as otherwise specifically provided in this Division, any person who
files an application for an alarm system permit shall at the time of filing the
application pay a permit fee and any outstanding fees.
(“Confidentiality” added 6-29-1981 by O15530 N.S, effective 10-1-1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005)
(Amended 5-28-2009 by O-19850 N.S; effective 6-27-2009.)

(Renumbered from former Section 33.3711, retitled from “Fees and Penalties for Alarm User Permit” to “Penalty Fees and Fines for Not Obtaining an Alarm System Permit,” and amended 5-5- 2017 by O-20819 N.S.; effective 6-4-2017.)

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(a) If the property owner or property manager of an apartment complex or similar multi-unit residential building provides alarm systems in each residential unit, the owner or property manager shall ensure that an alarm system permit has been obtained for each alarm user prior to the activation of the alarm system. If a unit is vacant and the alarm system is active the property owner or property manager must obtain the alarm system permit.

(b) The tenant of each residential unit in any apartment complex or similar multi-
unit residential building is responsible for any activation of the alarm system
in that tenant's residential unit.
(“Violation - Penalty” added 6-29-1981 by O15530 N.S, effective 10-1-1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005
(Renumbered from former Section 33.3712 and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

(a) It is unlawful for any person to program any alarm system to direct dial any emergency or non-emergency number serving the San Diego Police Department’s Communications Center.

(b) It is unlawful for any person to install or use any alarm system that is
programmed to dial any emergency or non-emergency number serving the
San Diego Police Department’s Communications Center.
(“Enforcement of Provisions” added 6-29-1981 by O15530 N.S, effective 10-1-1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005
(Renumbered from former Section 33.3713 and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

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(a) All audible alarms, when installed, must be equipped with a mechanism by which the alarm when sounded will automatically shut off after no more than fifteen minutes and will not reactivate audibly until manually reset.

(b) All automatic shut off mechanisms for audible alarms shall be in working
order and shall not be disconnected.
(“Effective Date” added 6-29-1981 by O15530 N.S, effective 10-1-1981.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005
(Renumbered from former Section 33.3714 and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

(a) Prior to requesting a law enforcement response to an alarm signal, an alarm business or alarm agent shall perform enhanced call verification to verify that the alarm activation is not false.

(b) When requested by the Chief of Police or alarm user, the alarm business or
alarm agent shall provide evidence that enhanced call verification was used
on any specific alarm activation.

(c) The requirement set forth in this section shall not apply to panic alarms.
(“Enforcement” added 1-3-1984 by O-16099N.S.)
(Amended 9-8-2004 by O-19321 N.S., effective 5-7-2005
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3715 and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

(a) An alarm system shall not have false alarms.

(b) The Chief of Police has the authority to assess a fine and revoke any permit
for any alarm system for false alarms.

(c) The penalty for false alarms occurring within twelve months following the
issuance, renewal, or most recent reinstatement after revocation of the alarm
system permit, shall be as follows:

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(1) First through fifth false alarm, a notice of violation will be issued and
a fine will be assessed;

(2) Sixth false alarm, the alarm system permit will be revoked, a notice of
revocation will be issued, and a fine will be assessed; and

(3) For each additional false alarm after notice of revocation, a fine will
be assessed; this includes false alarms that occur when the alarm
system permit is in the process of reinstatement and during the time
when the revocation of the permit is appealed in accordance with
section 33.0501.

(d) Fines will be assessed according to the established rates kept in the fee
schedule on file in the Clerk’s Office.

(e) Fines will not be assessed against an alarm business based on the fact that the
alarm business obtained the alarm system permit on behalf of the alarm user.

(f) Notice of violation of a false alarm or assessment of a fine or penalty fee may
be appealed to the Chief of Police in accordance with section 33.3725.
(Added 9-8-2004 by O-19321 N.S., effective 5-7-2005.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3716, retitled from “Revocation Alarm User
Permit” to “Alarm System Permit False Alarms and Fines,” and amended 5-5-2017
by O-20819 N.S.; effective 6-4-2017.)

(a) A violation of any of the provisions of this Division shall constitute grounds for revocation of an alarm system permit.

(b) Upon revocation of any alarm system permit, the Chief of Police will notify
the holder of the permit in writing of the revocation in accordance with
section 33.0404, and explain the authority of the Chief of Police to suspend
response in accordance with section 33.3720.

(c) An alarm system permit that has been revoked is not a current valid permit.

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(d) The holder of an alarm system permit may appeal a decision by the Chief of
Police to revoke the permit in accordance with section 33.0501 or apply for
reinstatement of the permit in accordance with section 33.3719.
(Added 11-8-2004 by O-19321 N.S.)
(Amended 5-28-2009 by O-19850 N.S; effective 6-27-2009.)
(Renumbered from former Section 33.3717, retitled from “Fines for Alarm User
Permit Revocations” to “Alarm System Permit Revocation,” and amended 5-5-2017
by O-20819 N.S.; effective 6-4-2017.)

(a) The holder of an alarm system permit that has been revoked may apply for reinstatement of the permit by submitting to the Chief of Police all fees due in accordance with this Division, and satisfactory written evidence that the cause of the false alarms, or other reason for the revocation, has been identified and corrected.

(b) The Chief of Police has the authority to reinstate an alarm system permit that
has been revoked upon the receipt of all fees due in accordance with this
Division, and satisfactory evidence that the cause of the false alarms, or other
reason for the revocation, has been corrected. The Chief of Police may also
require such other conditions as may be appropriate to reinstate a revoked
alarm user permit.
(Added 11-8-2004 by O-19321 N.S.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3718, retitled from “Reinstatement of Revoked
Permit; Alarm User Permit Appeal” to “Reinstatement of Revoked Permit,” and
amended 5-5-2017 by O-20819 N.S.; effective 6-4-2017.)

(a) Along with the other enforcement authority and remedies provided in this Division, the Chief of Police has the authority to suspend response by Police Department personnel to burglary alarm dispatches at the location of any alarm system when all of the following conditions are present:

(1) The alarm system permit has been revoked due to false alarms;

(2) The revoked alarm system permit has not been reinstated in
accordance with section 33.3719.

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(3) The decision of the Chief of Police to revoke the permit is not
currently on appeal in accordance with section 33.0501.

(b) This section does not apply to panic alarms.

(c) The Chief of Police has the authority to resume response by Police
Department personnel when the alarm system permit has been reinstated in
accordance with section 33.3719.
(Added 11-8-2004 by O-19321 N.S.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3719, retitled from “Use of Alarm System after
Permit Revocation as Public Nuisance” to “Use of Alarm System after Permit
Revocation,” and amended 5-5-2017 by O-20819 N.S.; effective 6-4-2017.)

The prohibitions and mandates of this Division do not apply to:

(a) Persons engaged solely in the manufacture, repair, or sale of alarm systems or
alarm system components from a fixed location who do not personally or
through an agent install, maintain, service, inspect, and monitor, or plan the
alarm system for any location, except as provided in Municipal Code section
33.3703(d).

(b) Alarm systems that do not directly alert law enforcement agencies or others
outside the protected building, structure, or facility, but are designed solely to
alert security personnel or others directly connected with or employed by the
owner or operator of the protected building, structure, or facility.

(c) Exempt users as defined in section 33.3702.
(Added 11-8-2004 by O-19321 N.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3720 and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

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(a) The information furnished and secured pursuant to this Division 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 or disclosed except to persons charged with the administration of this Division. (b) An alarm user is entitled to information regarding the administration of that user’s permit.

(c) Information furnished and secured in accordance with this Division may be
disclosed when required by state or federal law or lawful court order.
(Added 11-8-2004 by O-19321 N.S.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Renumbered from former Section 33.3721 and amended 5-5-2017 by O-20819 N.S.;
effective 6-4-2017.)

The Chief of Police, or any other director authorized by the City Manager, is authorized to administer and enforce the provisions of this Division. The Chief of Police may exercise any enforcement powers as provided in Division 1, Article 2 of Chapter 1 of this Code. (Added 11-8-2004 by O-19321 N.S.) (Renumbered from Section 33.3722 on 5-5-2017 by O-20819 N.S.; effective 6-4-2017.)

Except as otherwise specifically provided, violations of this Division may be prosecuted as misdemeanors subject to the fines and custody in accordance with Municipal Code section 12.0201. The Chief of Police may also seek injunctive relief and civil penalties in the Superior Court pursuant to Municipal Code section 12.0202 or pursue any administrative remedy provided in Chapter 1 of this Code. (Added 11-8-2004 by O-19321 N.S.) (Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.) (Renumbered from Section 33.3723 and amended 5-5-2017 by O-20819 N.S.; effective 6-4-2017.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (11-2022)

(a) An alarm user who has either received notice of violation of a false alarm or has been assessed a fine or penalty fee, may request a hearing with the Chief of Police.

(b) The hearing must be requested within ten days of receipt of the notice of
violation or assessment of fine or penalty fee. Failure to submit a timely
request terminates the alarm user’s right to contest the false alarm or the fine
or penalty fee, and constitutes a failure to exhaust administrative remedies.

(c) The hearing will be set no more than 30 business days from the date of receipt
of the request, unless otherwise agreed to by the parties.

(d) The hearing is an informal administrative review to determine the validity of
the notice of violation or assessed fine or penalty fee. Formal rules of evidence
and discovery do not apply.

(e) At the hearing, the Chief of Police will only consider evidence that is relevant
to whether the alarm activation triggered a false alarm or whether an alarm
user had a valid alarm system permit at the time of the call for service.

(f) There shall be a rebuttable presumption affecting the burden of producing
evidence that an alarm activation is a false alarm if the responding law
enforcement officers did not find evidence that an emergency situation
triggered the alarm. An alarm user has the burden to present evidence
sufficient to negate the presumption.

(g) After an evaluation of the evidence presented, the Chief of Police may amend
an alarm user’s records to indicate that an alarm activation was not a false
alarm or did not generate a call for service, and waive, reverse, or modify any
fine or penalty fee.

(h) The Chief of Police will issue a written decision within 15 business days after
completing the hearing. The decision shall be final.
(“Appeal of Fines and Penalty Fees” added 5-5-2017 by O-20819 N.S.; effective
6-4-2017.)

Ch. Art. Div.
3 3 37 17

San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2011)

Article 3: Police Regulated Occupations and Businesses