Chapter 8.50 ALARM SYSTEMS
8.50.005 Authority.
This chapter is adopted pursuant to Business and Professions Code Section 7592.8. (Ord. 1278 § 1, 1985)
8.50.010 Definitions.
For the purpose of this chapter, the following words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended.
“Alarm agent” means any person employed by an alarm business whose duties include selling, altering, installing, maintaining, moving, repairing, replacing, servicing, monitoring, responding to or causing others to respond to an alarm system, in or on any building, structure or facility or the supervisor or manager of a person employed by an alarm business to perform any of those duties. This definition shall not apply to any person employed by the city police department or fire department while the person is acting within the course and scope of his or her employment.
“Alarm business” means the business carried on by an individual, partnership, corporation or other entity of leasing, selling, maintaining, servicing, repairing, altering, replacing, moving, monitoring, responding to or causing the response to, or installing any alarm system or causing to be leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility. Alarm business does not include any business excluded from Business and Professions Code Section 7590.2.
“Alarm system” means any electrical or mechanical device which is designed or used for the detection of any emergency condition, except fire, at a building, structure or facility, when such detection causes a local audible signal or transmission of a signal or message, or which is used to evoke a police or medical emergency response. Fire alarm systems are specifically excluded from this definition. Devices which are not used or designed to be audible, visible or perceptible outside of the protected building, structure or facility, and auxiliary devices installed by a telephone company to protect a telephone system from damage or disruption are not included in this definition.
“Audible alarm” means the sound generated by a device for the detection of an emergency condition at a building, structure or facility.
“City” means the City of Carlsbad.
“Day” means one calendar day.
“Emergency condition” means any condition which may exist requiring immediate police or fire department response to safeguard lives and/or property.
“False alarm” means the activation of an alarm system through mechanical failure or malfunction, or accidental tripping, misoperation or misuse by the lessee or owner of the alarm system or his/her employee or agent, including mechanical failure or malfunction caused by negligent maintenance of the system. False alarm shall not include alarms caused by malfunction of telephone line circuits or external causes beyond the control of the owner or lessee of the system.
“Fire alarm system” means any system, equipment or device designed or used to warn occupants or notify other persons of a fire condition in or on any building, structure or facility. Fire alarms are exempt from this chapter.
“Lessee” means any person who leases an alarm system or subscriber service for the purpose of detecting an emergency condition at any building, structure or facility.
“Person” means any person, firm, corporation, association, partnership, individual, organization or company.
“Silent alarm” means any alarm system activation that cannot be detected at the building, structure or facility of activation.
“Smoke detector” means a device which senses visible or invisible particles of combustion and is designed to emit upon activation an audible sound sufficient only to provide warning to the occupants of the building, structure or facility in which such device is situated. This chapter shall not apply to smoke detectors.
For the purpose of this chapter, whenever the singular or masculine is used, the term shall be deemed to include the plural, feminine or body corporate as necessary. (Ord. 1278 § 1, 1985)
8.50.020 Registration of alarm agents.
No person shall be employed or operate as an alarm agent or an alarm business without first registering his or her name and a copy of his or her state issued identification card with the chief of police. Every alarm agent while so engaged shall carry on his or her person the state issued identification card and shall display such card to any police officer upon demand. (Ord. 1278 § 1, 1985)
8.50.030 Alarm permits.
No person shall install, maintain, lease, service, repair, alter, replace, move, use any security or emergency alarm system without first obtaining a city alarm permit. A fee established by the city council by resolution and an application approved by the chief of police shall be required for such permit. The alarm permit application shall include the alarm location, type of alarm system (silent or audible activation), type of response requested (robbery, burglary or medical emergency), name of business (if applicable), name, home address, phone number of alarm user, subscriber or owner, telephone number at alarm location and additional names, addresses, and phone numbers of responsible persons for emergency notification. The alarm permit shall be required for each building, structure or facility that uses an alarm system that could evoke an emergency response. Alarm permits are issued indefinitely to the alarm user, subscriber, or owner provided the requirements of this chapter are not violated. A new permit shall be required upon sale or transfer of alarm location. (Ord. NS-68 § 7, 1989; Ord. NS-53 § 1, 1989; Ord. 1278 § 1, 1985)
8.50.035 Owner or lessee responsibilities.
The owner or lessee of an alarm system or systems shall provide the chief of police with his or her current mailing address and the names, addresses and phone numbers of two persons to contact in the event of an emergency. In the event his or her own mailing address or the names, addresses and phone numbers of such persons change, the owner, or lessee shall supply the changes to the chief of police within two days of the change. The person or persons listed shall be required to be present at the alarm location within 20 minutes after being advised that the city police department has received any signal or message of alarm activation indicating an emergency condition. Violation of this section is grounds for revocation of an alarm permit. (Ord. 1278 § 1, 1985)
8.50.040 Direct dial telephone devices.
No person shall lease, maintain, service, repair, alter, move, install or use any alarm system which directly dials any telephone number of the city police department or the city fire department. (Ord. 1278 § 1, 1985)
8.50.050 Suspension of alarm permits.
If, at any time it shall come to the attention of the chief of police that the owner or lessee of an alarm system has violated any provision of this chapter, rules or regulations made pursuant to this chapter, including but not limited to, false alarms which exceed the numbers permitted pursuant to Section 8.50.080 of this chapter, or has failed or refused to pay the false alarm penalty assessment fee as provided in this chapter, the chief of police may serve such owner or lessee with a written order of permit suspension, which shall state the reason or reasons for such suspension. The order shall be effective immediately if personally served or 72 hours after the order has been deposited by certified mail in any branch of the United States Post Office, addressed to the owner or lessee of such alarm system. The order shall contain notice of the appeal procedure established by this chapter. Immediately upon an order becoming effective, the owner or lessee shall discontinue using the alarm system. The alarm system or systems shall not thereafter be used until all necessary repairs have been made and verified by the chief of police, or the owner or lessee satisfied the chief of police that such system or systems shall be properly used in the future and the chief of police has authorized in writing use of the system or systems. (Ord. NS-53 § 2, 1989; Ord. 1278 § 1, 1985)
8.50.055 Appeals to the chief of police.
Any action taken pursuant to this chapter may be appealed to the chief of police in writing within 10 days of notice of the action. The appeal shall be addressed to the chief of police and shall set forth the facts and circumstances regarding the action. The chief of police shall notify the appellant in writing of the time and place set for hearing the appeal. The chief of police or designate shall consider all relevant evidence and shall determine the merits of the appeal. The action appealed shall be stayed during the pendency of the appeal. (Ord. 1278 § 1, 1985)
8.50.060 Appeals to city council.
Any action which has been appealed to the chief of police may be appealed to the city council by filing a written appeal with the city clerk within 10 days of the police chief’s action. The city clerk shall notify the appellant in writing of the time and place set for hearing of the appeal. The city council, at its next regular meeting, held not less than 10 days from the date on which such appeal has been filed with the city clerk, shall hear the appellant and the chief of police shall consider all relevant evidence and shall determine the merits of the appeal. The city council may affirm, overrule or modify the decision of the chief of police and the decision of the city council shall be final. (Ord. 1278 § 1, 1985)
8.50.070 Unauthorized alarm.
When an audible alarm message or signal is received by the city police or fire department that fails to comply with any of the requirements of this chapter, the chief of police is authorized to demand that the owner, lessee or the representative of the alarm system initiating such audible alarm, message or signal disconnect the alarm system until it is made to comply with the requirements of this chapter. (Ord. 1278 § 1, 1985)
8.50.080 False alarm penalty assessment.
Except as provided in this chapter, any person maintaining, using or possessing an alarm system which results in a police response in which the alarm proved to be a false alarm, shall pay a penalty assessment fee to the city as follows:
A. A written warning for the first false alarm;
B. For the second false alarm occurring within a one-year period following the written warning above, a penalty shall be assessed the amount of which shall be established by resolution of the city council;
C. For the third and subsequent false alarms occurring within a one-year period following the written warning above, a penalty shall be assessed the amount of which shall be established by resolution of the city council;
D. In addition to the foregoing, for the fourth and subsequent false alarms occurring within a one-year period following the written warning above, the chief of police may discontinue any response to an alarm at the business or residence location until satisfactory proof of correction has been provided. Proof of correction shall be a written letter from the resident, occupant or person residing at the property or from the alarm company stating that the problem has been corrected and that all occupants or employees are aware of the alarm, its location, its method of activation and have been trained regarding its use to prevent its accidental activation. Upon receipt of satisfactory evidence of correction of a faulty system or upon installation of a new alarm system, the chief of police shall initiate a new one-year period for the purposes of counting false alarms. The time periods specified above shall not commence until three months after the issuance of an alarm permit;
E. In addition to any other relief, for those alarms which are designed to be activated while a business is open to the public or occupied and which require activation by an employee or a residential alarm which is designed to be activated by a person from within the residence which alarms indicate the commission of a crime defined by California Penal Code Section 211 (robbery) or Section 459 (burglary) and which exceed the maximum allowable number of false alarms as set forth in this section shall pay a penalty assessment of $100.00. (Ord. NS-230 §§ 1, 2, 1993; Ord. NS-53 § 3, 1989; Ord. 1278 § 1, 1985)
8.50.090 Alarm systems standards and regulations.
The city reserves the right to inspect all alarm systems installed within the city to assure compliance with this chapter. (Ord. 1278 § 1, 1985)
8.50.100 Automatic shut-off requirements.
All alarm systems, excluding fire alarms, shall include a device which will limit the generation of audible sound to not longer than 15 minutes after activation. (Ord. 1278 § 1, 1985)
8.50.110 Delay device requirements.
All burglary detection alarm systems, excluding such alarm systems which generate an audible alarm, shall include a device on all entry and exit doors which will provide a 30 second delay before the original alarm transmission and immediately upon being activated shall emit a signal in such a manner as to be perceptible to a person lawfully entering, leaving or occupying the premises. Such a device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate its operation after activation but prior to the transmission of a false alarm. (Ord. 1278 § 1, 1985)
8.50.120 Power supply requirements.
A security or emergency alarm system 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 backup power supply must be capable of at least four hours of continuous operation. (Ord. 1278 § 1, 1985)
8.50.130 Alarm testing.
An owner or lessee of an alarm system shall notify his or her central receiving station or answering service and the city police or fire department prior to any service, test, repair, maintenance, adjustment, alteration or installation of the alarm system which might activate a false alarm and result in a police or fire department response. Any alarm system activated when such prior notice has been given shall not constitute a false alarm. (Ord. 1278 § 1, 1985)
8.50.140 Prohibitions.
A. After the effective date of the ordinance codified in this chapter, it shall be unlawful to install or modify an alarm system which upon activation emits sounds similar to sirens used on emergency vehicles or for civil defense purposes.
B. It shall be unlawful to transmit an alarm indicating that an emergency exists without being specific as to the type of emergency, such as robbery, burglary, fire or medical emergency. (Ord. 1278 § 1, 1985)
8.50.150 Limitation on liability.
The city is under no obligation or duty to any owner or lessee of an alarm system or any other person by reason of any provision in this chapter, or the exercise of any privilege by any owner or lessee of an alarm system, including, but not limited to, any defects in a security or emergency alarm system, any delay in transmission of an alarm message to any emergency unit, or damage caused by nonresponse or in responding to any alarm by any city officer, employee or agent. (Ord. 1278 § 1, 1985)
8.50.160 Administrative regulations.
The chief of police may adopt and administer such regulations as are necessary and convenient in order to carry out the provisions of this chapter. (Ord. NS-53 § 4, 1989)
8.50.170 Criminal penalties.
Any person who wilfully violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00, or imprisonment in the county jail not exceeding six months, or both. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person. (Ord. NS-53 § 5, 1989; Ord. 1278 § 1, 1985)