Chapter 10.28 — ALARM SYSTEMS

Whenever the following words or phrases are used in this chapter, they shall have the meaning ascribed to them in this section unless from the context in which a word or phrase is used a different meaning is evident:

(a)

Alarm Agent means a person employed by an alarm business, either directly or indirectly, whose duties include selling, leasing, altering, installing, maintaining, moving, repairing, replacing, servicing, responding to, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm business to perform any of the duties described herein.

(b)

Alarm Business means any business held by an individual, partnership, corporation, or other entity for the purpose of selling, leasing, altering, installing, maintaining, moving, repairing, replacing, servicing, responding to, or monitoring any alarm system in a building, structure, or facility.

(c)

Alarm System means any mechanical or electronic device or series of devices which transmits a signal or message, either directly or indirectly, to an Emergency Dispatch Center; or which emits an audible or visible signal at the alarm location, and which is designed to:

(1)

Detect unauthorized entry into any building, structure, or facility; or

(2)

Signal the occurrence of an unlawful act upon the premises; or

(3)

Detect a fire, or detect activation, equipment problems, or the malfunction of a fire protection system; or

(4)

Detect a hazardous material leak or system malfunction; or

(5)

Signal the need for medical attention.

For purposes of this chapter, devices operated by the City of San Marcos or devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected premises are not included within the meaning of Alarm System.

(d)

Alarm User means any person, firm, partnership, association, corporation, or organization of any kind which owns, leases, rents, uses, or makes available for use by its agents, employees, representatives, or family, any alarm system.

(e)

Chief of Police means the senior officer in authority serving the law enforcement needs of the City whether by contract or as a direct employee.

(f)

City means the City of San Marcos.

(g)

Day means calendar day, unless specified otherwise.

(h)

Department Head means the City Chief of Police, the City Fire Chief, or their designated representatives.

(i)

Direct Dial System means an alarm system which is connected to a telephone line and, upon activation of an alarm system, automatically transmits a message or signal to the Emergency Dispatch Center, indicating the need for emergency response.

(j)

Emergency Dispatch Center means any facilities owned or operated by one or more public agencies where police or fire, or both police and fire, communications are received and dispatched.

(k)

False Alarm means an activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance, or negligence of the alarm user when an emergency situation does not exist. A determination as to whether an alarm signal was a false alarm or an actual alarm shall be made by the appropriate department head. "False Alarms" shall not include those alarms activated by extraordinary meteorological, atmospheric, or other conditions or means, as determined by the department head.

(l)

Fire Department means the San Marcos Fire Department.

(m)

Notice means written notice, given by personal service upon the addressee, or given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service.

(n)

Police Department means the San Diego County Sheriff or other public agency or department serving the law enforcement needs of the City whether by contact or as a City Department.

(o)

Private Alarm Dispatch Center means a center maintained by an alarm business which receives emergency signals from alarm systems, and thereafter relays the message to the Emergency Dispatch Center.

(p)

Responsible Department means the City Department having the responsibility of providing emergency services upon receipt of an alarm signal at the Emergency Dispatch Center. For incidents related to fires, or water flow in fire sprinkler systems, or other extinguishing agents in fire protection systems, as well as medical attention, the Fire Department shall be the responsible department. For incidents related to burglary, robbery, unauthorized building entry, etc., the responsible department shall be the Police Department.

(q)

Smoke Detector means a device which senses visible or invisible particles of combustion and is designated to emit upon activation a sound sufficient only to provide warning to the occupants of the building, structure, or facility in which such device is situated.

(r)

Whenever the singular or masculine of a word is used, the same shall be deemed to include the plural, feminine or body corporate as necessary.

(a)

In General:

(1)

The City Council, upon recommendation of the City Manager, may prescribe by resolution minimum standards and regulations for the construction and maintenance of all alarm systems installed in the City. All equipment shall meet or exceed these standards and regulations.

(2)

No Alarm System shall be installed unless the alarm user has either a service agreement with an alarm business qualified under this chapter, or has available a designated person who will respond to the site of an activated alarm with the ability to deactivate the alarm.

(3)

All Alarm Systems shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of the normal utility electric service will not activate the alarm system. The back up power supply shall be capable of at least four hours of continuous operation.

(b)

Audible Alarm Systems. No Audible Alarm System shall be installed or used unless it has an automatic reset capability, which silences the alarm within 15 minutes of activation.

(c)

Silent Alarm Systems.

(1)

Direct Dial Systems are prohibited.

(2)

All Silent Alarm Systems shall be connected to a Private Alarm Dispatch Center.

(a)

Alarm businesses operating within the City shall comply with all State and City licensing requirements and shall operate in accordance with the standards set forth in the State Alarm Company Act for the conduct of business and the qualifications of employees, including alarm agents.

(b)

No person or company which installs, or otherwise provides an alarm system, shall install such a device or system without the ability to provide 24-hour service for that system. "Service" for the purposes of this section includes the ability to promptly repair a malfunctioning alarm system, and, to provide a service response to the alarm location within 30 minutes of a request for service. "Service" shall also include the ability to provide periodic maintenance necessary to assure normal functioning of the system. The failure to provide service as specified in this paragraph constitutes a violation of this chapter. This section shall not apply to those persons or businesses who merely sell alarm systems from fixed locations, or who manufacture alarm systems, unless such persons or firms also install, monitor, or service those systems.

(c)

Any alarm business operating a Private Alarm Dispatch Center shall, by live voice, within one minute of receiving notice that an alarm has been activated, notify the Emergency Dispatch Center of the activation. Notification of the emergency Dispatch Center shall be made via a designated one-way telephone line which has been designated for members of the San Diego Burglar and Fire Alarm Association solely for the reporting of alarm activations unless the circumstances prevent the use of the special telephone line. Alarm businesses not members of the Association may use the public, non-emergency telephone line of the Emergency Dispatch Center.

(d)

Each alarm business that monitors fire alarm systems shall comply with all sections of the most current National Fire Protection Association Standards #71. A copy of the current standards shall be kept on file with the Police and Fire Departments.

(e)

It shall be the duty of the owner, operator and all employees of an alarm business to cooperate fully at all times with the City and its employees. Every alarm business shall, upon request during normal working hours of business, make any and all records and information in its possession relating to alarm systems operating within the City, available to personnel authorized by the Chief of Police or Fire Chief. Each alarm business shall possess a current, valid City Business License.

(a)

Unless otherwise provided in this chapter, no person shall use an alarm system which has caused one false alarm unless the person has first obtained an alarm system application as specified in this section.

(b)

All users of alarm systems shall complete an alarm application approved by the responsible Department Head upon the alarm system installation. The Alarm Monitoring Company will be responsible for educating the alarm user on the matters pertaining to false alarm prevention. It will also be the responsibility of the Alarm Monitoring Company to obtain a City of San Marcos Alarm Permit Application, that is to be completed by the user, at the time of installation. A separate application shall be required for each separately alarmed

building or facility, and for each separate alarm system. Each application shall contain the current name, address, telephone number, Business License number, and signature of the individual accepting responsibility for the proper functioning and maintenance of the alarm system covered. An alarm system application shall be valid for an indefinite period of time unless there is a change in the alarm user or the address location of the alarm system. The fees for alarm system applications shall be set forth by City Council Resolution.

(Ord. No. 2003-1191, 7-08-03)

(c)

The alarm user shall, at all times, insure that the City is in possession of a minimum of two names, telephone numbers, and home addresses of persons with 24-hour access to the alarm location and the alarm system, who are authorized to and shall respond to the location where an alarm has been activated within 30 minutes of a request by the responsible department to do so. At such time as any one of these persons no longer possesses such access to the alarm location, the alarm user shall notify the City within 48 hours of the time at which the person no longer possesses such access.

(d)

In the event that an alarm system has been wired into a building, structure or facility and the last alarm user moves from that location, it shall be the responsibility of the last alarm user to notify the City of such changes prior to the change. Until notification of a change is made, the last known alarm user shall be responsible for all false alarm assessments imposed under this Ordinance.

(e)

It shall be the responsibility of the alarm user to properly use the alarm system and to maintain it mechanically and technically to insure safe and responsible operation and to minimize the number of false alarms. If the Chief of Police or Fire Chief determines that a system is deficient in quality, components, servicing, or is improperly used by the alarm user, the Chief may require that modifications be made to the system to insure compliance with this chapter.

(f)

If an alarm has been installed in living units of a multi-family project as part of that project, then the landlord or property owner shall be responsible for complying with the provisions of this chapter. An annual fee shall be established to insure the proper use and maintenance of the alarm systems by tenants from the project. False alarm penalty fees and assessment charges for false alarms which have occurred in the specific multi-family unit shall be deducted from this annual fee. In the event there are any monies which remain at the end of the fiscal year, such monies shall be applied toward the following year's annual fee for the project. A landlord is in a position to indemnify himself/herself from any violations by including such an indemnity provision in the lease between the landlord and the tenant. The amount of the annual fee shall be set by City Council Resolution.

(g)

False Alarms shall be considered excessive when they exceed two activations in any 12 month period. A false alarm penalty assessment, as a civil penalty, shall be paid for each false alarm, message or signal in excess of two activations in any 12-month period which results in a response by police or fire safety personnel. The amount of false alarm assessment shall be set by City Council Resolution.

(h)

The Police Chief or Fire Chief shall cause to be issued a monthly bill for the unpaid fees accrued during any monthly billing period and any prior periods. Such bill shall be due and payable within 30 days of the billing date.

(i)

A penalty assessment shall be added to the unpaid balance of any assessment required by this section not paid within 90 days of the billing date. The amount of the penalty assessment shall be set by City Council Resolution.

(j)

The amount of any fee and late penalty assessed pursuant to this Section shall be deemed a debt to the City, and an action may be commenced in the name of the City in any court of competent jurisdiction in the amount of the delinquent debt. Payment of any user fees and late charges shall not prohibit criminal prosecution for the violation of any provisions of this chapter.

(k)

The provisions of Sections 39580 through 39586, inclusive, of the Government Code of the State of California are incorporated by reference and made part of this chapter. The County Auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount or assessment shall be collected at the time and in the manner of ordinary municipal taxes; and, if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided or ordinary municipal taxes.

(a)

It is unlawful to install or modify an alarm system which upon activation emits a sound similar to sirens used on emergency vehicles or for civil defense purposes.

(b)

It is unlawful to transmit to the Emergency Dispatch Center an alarm indicating that an emergency exists without being specific as to the type of emergency, such as robbery, burglary, fire or medical.

(a)

Permit Revocation. In addition to other remedies provided herein, the Department Head of the responsible department may revoke an alarm system application for a violation of this chapter.

(b)

Appeals. The decision of a Department Head to revoke an alarm system application; or to assess a civil penalty may be appealed, in writing, to the City Manager or his designee. All appeals must be filed within 30 days of receipt of notice of the Department Head's action.

(c)

Criminal Penalty. Any violation of this chapter shall be unlawful and punishable as a misdemeanor, as provided in Chapter 1.12 hereof.

The City of San Marcos shall have no obligation or duty to any owner or lessee of an alarm system or any other person by reason of any provision of this chapter or by reason of the exercise of any privileges pursuant to this chapter. Nor shall said provisions impose any liability, obligation or duty upon the City in regards to, but not limited to, defects in an alarm system, any delay in transmission of an alarm message to any emergency unit, damage or injury caused by non-response or in responding to an alarm by any City officer, employee or agent.

(Ord. No. 94-971, 12-20-94)