Chapter 40.42 SECURITY ALARM ORDINANCE

The purpose and intent of this chapter is to ensure alarm systems do not create excessive or unnecessary demands on City services, and to assure that any security system utilized by a residence or business is properly documented and compatible with the City’s needs.

40.42.030 Definitions.

A. “Alarm agent” means and includes any person who is self-employed or employed directly or indirectly by an alarm business operator whose duties include, but are not limited to, selling, maintaining, installing, monitoring, demonstrating or causing others to respond to an alarm in or on any building, place or premises. This definition shall not apply to local safety officers as defined in Government Code Section 20019.4.

B. “Alarm business operator” means and includes any business operated for any consideration whatsoever, engaged in the installation, maintenance, alteration or servicing of alarm systems or which responds to such alarm systems. “Alarm business operator,” however, shall not include a business which merely sells from a fixed location or manufacture alarm systems, unless such business services, installs, monitors or responds to alarm systems at the protected premises.

C. “Alarm system” means any device designed for the protection of persons or property, including vehicles, boats or trailers, or for the detection of an unauthorized entry on the premises or for alerting others of the commission of an unlawful act or both, which when activated emits an audible or silent signal or message to which police are expected to respond. It excludes those devices which emit a signal at or within the protected premises only and are continuously supervised by the proprietor of the premises where located, and otherwise is known as a property alarm. Alarm systems include alarms where there is no direct request by the alarm user for a police presence, but rely upon other’s request to the police in response to the audible alarm. Auxiliary devices installed by a telephone company to protect its systems, which might be damaged or disrupted by the use of an alarm system, are not included in the definition.

D. “Alarm user” means any person or business other than an alarm system agent or operator that owns or uses an alarm system located within the Coronado City limits.

E. “Audible alarm” means any alarm system that emits a sound audible outside of the protected premises to alert persons of an unauthorized entry on the premises or of the commission of an unlawful act.

F. “Business” means any nonresidential use.

G. “Direct dial device” means a device which is connected to a telephone line and upon activation of the alarm system, it automatically dials a predetermined telephone number and transmits a message or signal indicating an activation of the alarm system.

H. “False alarm” means the activation of an alarm system through mechanical failure, accident, misoperation, malfunction, misuse, or the negligence of an alarm user. False alarms shall not include alarms caused by acts of nature, the malfunction of telephone lines, circuits or other causes which are beyond the control of the owner or lessee of the alarm system. The status of an activation as a “false alarm” is made by City employees/officers responding to the alarm.

I. “Issuing officer” means the Director of Police Services or the Director’s designee.

J. “Permittee” means the person who obtains an alarm user’s permit. A business permittee shall be the person who obtains the permit on behalf of any business entity. The permittee is responsible for the use and operation of the alarm system, as well as for all fees and fines levied in accordance with the code.

K. “Person” means an individual, firm, corporation, association, partnership, organization, company or a governmental political unit.

L. “Residential” means premises used as dwelling units which includes single-family residences or multi-unit apartments, occupied or not. Alarm systems installed in hotels or motels shall be considered business alarms. (Ord. 1904)

40.42.040 Registration.

A. It is unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on an alarm business within the City without first having obtained a license issued by the State Director of Consumer Affairs for the alarm business, along with any other licenses or permits as required by law. Upon request by the issuing officer, the alarm business shall provide the number of the consumer affairs license, and the name and business address of the manager of operations for the area which includes the City.

B. Alarm Agents. It is unlawful for any person, including any alarm business operator, to act as an alarm agent within the City of Coronado without first having registered with the State Director of Consumer Affairs pursuant to the provisions of Section 7514(g) of the California Business and Professions Code. Alarm agents shall provide proof of such registration to the issuing officer or any police officer upon request.

40.42.050 Alarm user’s permit.

A. No alarm user shall operate, or cause to be installed or used, an alarm system on any business or residence owned or in the possession or control of such person within the City of Coronado without first having obtained an alarm user’s permit from the issuing officer. The issuing officer shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application.

B. The permit application as required under subsection A of this section shall state:

1. The number of alarm systems and the specific purpose for which the alarm system or systems shall be used;

2. The permittee’s name;

3. The address of the premises in or upon which the alarm system has been or will be installed;

4. The permittee’s telephone number;

5. The name and address of the alarm business operator or operators selling, installing, monitoring or inspecting the alarm system. If the system is installed by the owner or principle resident personally, provisions requiring the name of the alarm business or alarm agent do not apply under this code;

6. The name and telephone number of at least two persons who will respond to an alarm signal and who will open the premises and be able to disengage the alarm system upon police request;

7. A waiver of damages and liability that protects the City and its employees from any claim by the alarm user which may result from a public safety response and forced entry into the alarm location, or any delay or failure to respond;

8. A code word to be utilized for maintenance or testing purposes as described in CMC 40.42.080(B).

C. A residential alarm permit is specific to a single location, and shall be valid for a period of two years from the date of issuance, or whenever a change in ownership or occupancy occurs. Permits must be renewed within 30 days after expiration or a change in ownership or occupancy.

D. A business permit is specific to a single location and business, and shall be valid for a period of two years from the date of issuance, or whenever a change in ownership or tenancy occurs. Permits must be renewed within 30 days after expiration or a change in ownership or tenancy.

E. Where an alarm system is in operation prior to the effective date of the ordinance codified in this chapter, the alarm user shall be responsible for obtaining a permit within 90 days after the effective date of the ordinance codified in this chapter. Any alarm user who has a system in operation prior to the effective date of the ordinance codified in this chapter, and who applies for a permit within 90 days of the effective date of the ordinance codified in this chapter shall be exempt from paying the initial application fee for the first issuance of the required permit. Subsequent renewals will be charged according to the fees listed in this chapter. (Ord. 1904)

40.42.060 Correction of information.

Whenever any change occurs relating to the written information required by CMC 40.42.050, or a change in the configuration of the system occurs, the permittee shall give a written notice of such change to the issuing officer within 10 working days of the change.

40.42.070 Alarm system standards.

All alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may be established by the City or the issuing officer. The City reserves the right to inspect all alarm systems subject to all applicable laws including Code of Civil Procedure Section 1822.50 et seq.

40.42.080 Alarm system regulations.

A. Alarm Deactivation – Audible Alarms. Audible residential and commercial alarms shall be equipped with an automatic shutoff mechanism that terminates the audible annunciation after activation within a maximum of 20 minutes.

B. Maintenance Notification. The alarm user shall contact the Coronado Police Department’s Communication Dispatcher and the company charged with monitoring the alarm prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm. The user shall provide their designated code word and permit number to the police dispatcher when reporting the possible false alarm. Any alarm activated where such prior notice has been received by the Police Department shall not constitute a false alarm.

C. Power Supply. Alarm systems shall be supplied with an uninterrupted power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least four hours of operation.

D. Notification of Permit Number. It shall be the alarm user’s responsibility to ensure that when their monitoring service calls the Police Department to report the activation of an alarm system they monitor, they shall provide the permit number to the police dispatcher for Department purposes.

40.42.090 Purpose of alarm system.

It is unlawful to use an alarm system other than for purposes specifically stated in the application as required by CMC 40.42.030(C).

40.42.100 Direct dial telephone device.

No alarm system shall be equipped with either a direct dial device or any direct line equipment which when activated will automatically dial a telephone number in or signal directly any Office of the Police Department.

40.42.110 Permit – Display.

Whenever the issuing officer provides the alarm user with an alarm permit, it shall be displayed on the front door or on a window immediately adjacent to the front door or a location immediately visible to public safety personnel.

40.42.120 Display of alarm company information.

For every audible alarm system, the owner shall post the names and telephone numbers of the alarm business operator to be notified to render repairs or service 24 hours a day. This information shall be placed on the front door or the window closest to the front door, or at a conspicuous location visible to public safety personnel who may respond to an alarm.

40.42.130 Permit – Required.

Every alarm user must obtain an alarm user permit from the City. (Ord. 1904)

40.42.140 False activation fine.

Fines will be charged for false alarms within any fiscal year period set forth in an adopted fee schedule, which may be amended from time to time, and as needed, by resolution of the City Council. (Ord. 2049 § 3, 2015; Ord. 1904)

40.42.150 Billing – Late fees.

A. The City shall cause a monthly bill to be issued to the alarm user for fines accrued. Such bill shall be due and payable within 30 days of the billing date.

B. A late fee as set forth in an adopted fee schedule, which may be amended from time to time, and as needed, by resolution of the City Council shall be added to the unpaid balance of any fines required by this section not paid within 30 days of the billing date.

C. The amount of any fee or fine assessed pursuant to this section shall be deemed a debt to the City of Coronado, and an action may be commenced by the Director of Administrative Services in the name of the City in any court of competent jurisdiction in the amount of the delinquent debt. Payment of any penalty assessment fees and late charges shall not prohibit criminal prosecution for the violation of any provisions of this chapter. (Ord. 2049 § 3, 2015; Ord. 1904)

40.42.160 Right to discontinue response.

A. When any alarm system or alarm user fails to meet any of the requirements specified by this chapter or the issuing officer, the issuing officer is authorized to cease any police response to such alarm system until evidence of full compliance is provided by the user to the issuing officer.

B. The issuing officer may discontinue response by police officers to any location where an alarm system is located when the alarm user has failed to pay any such fee for the fourth or subsequent false alarms within 90 days of notice.

C. Reinstatement may occur when the alarm user has taken steps to eliminate or correct the cause of the false alarm(s), has documented the corrective action in writing to the issuing officer and paid any outstanding fees that are due.

40.42.170 Suspension/revocation of permits – Appeals process.

If at any time it comes to the attention of the issuing officer that the holder of an alarm user’s permit under this chapter has violated any provisions of this chapter, or rules, or regulations made pursuant to this chapter, including but not limited to false alarms which exceed the numbers permitted pursuant to CMC 40.42.140, or has failed or refused to pay the false alarm fee as provided in this chapter, the issuing officer may suspend or revoke the permit. If an alarm user’s permit is to be suspended or revoked, as provided thereunder, the issuing officer shall notify the holder of the permit in writing of the intention to revoke such permit 72 hours before the effective hour of the suspension or revocation, along with notice of the opportunity for administrative review and appeal of the proposed action pursuant to Chapter 1.12 CMC.

40.42.180 Criminal penalties.

Any person who violates any provision of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punished in accordance with Chapter 1.08 CMC regarding infractions. Such persons shall be guilty of a separate offense for each occurrence and each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such persons.

40.42.190 Limitations of liability.

The City of Coronado and the Coronado Police Department are under no special duty or obligation to an alarm user or any other person by reason of any provisions of this chapter.

40.42.200 Other alarm systems.

A. The provisions of CMC 40.42.160 and 40.42.170 to revoke or suspend a permit or discontinue police response shall not apply to a bank, savings bank, credit union, or other financial institution alarm systems.

B. The provisions of CMC 40.42.050 through 40.42.130 and 40.42.170 shall not apply to alarm systems affixed to automobiles, boats, boat trailers, recreational vehicles and aircraft.

40.42.210 Governmental entities.

The permit fee provisions of CMC 40.42.050 shall not apply to municipal, County, State and Federal agencies.

40.42.220 Confidentiality.

To the extent authorized by State law, the information furnished and secured pursuant to this chapter 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 except to the issuing officer or designees.