This chapter shall be known as the "Public Safety Alarm Ordinance."
(Ord. 19-09 § 1)
The purpose of this chapter is to: (1) set forth regulations
governing burglary, robbery, fire, and medical assistance alarm systems
within the city of Temecula; (2) reduce false alarms; and (3) authorize
false alarm fees.
(Ord. 19-09 § 1)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
means any mechanical or electrical device which is designed
or used for the detection of burglary, robbery, fire, within a building,
structure, or facility, or on any premises, or for alerting others
to a hazard or need for medical assistance, or to the commission of
an unlawful act within a building, structure or facility, which emits
a sound and/or transmits a signal or message when actuated, and which
is designed to elicit a response from law enforcement, fire, and/or
medical personnel.
includes, but is not limited to, every automatic dialing
device, direct-dial telephone device, audible alarm, and proprietor
alarm. Devices which are not designed or used to register or activate
alarms that are audible, visible or perceptible outside the protected
building, structure, facility or premises are not included within
this definition.
means any alarm system that generates an audible sound at
its location when it is actuated.
means any condition which results in, or which could result
in, the immediate response of law enforcement or fire personnel or
any condition which jeopardizes or could jeopardize public safety.
means the notification to the city's police or fire department
from the alarm system's central monitoring company of the activation
of an alarm system or from a member of the public reporting the audible
alarm when:
There is no evidence of a crime or other activity that warrants
the assistance of the city's police department on the premises, as
indicated by the investigation of a police officer on the scene or
by the lack of a police report filed by the occupant or property owner,
and no individual who was on or near the premises or who viewed a
video communication from, or live-monitored the premises called for
the dispatch or confirmed a need for police response; or
There is no indication or presence of a fire or medical or other
emergency situation on the premises, that warrants a call for assistance
from or investigation by the city's fire department, and no individual
who was on or near the premises or who viewed a video communication
from, or live-monitored the premises requested the response or confirmed
a need for emergency response; or
The alarm system activation is caused by electrical or mechanical
failure, malfunction, improper installation or lack of proper maintenance,
alarm owner error, or by a cause that cannot be determined.
shall not include any alarm caused by earthquakes, severe
storms or other extraordinary circumstances determined by the alarm
system monitoring company to be beyond the reasonable control of the
alarm system owner.
means the Riverside County Fire Department or such other
fire agency under contract to provide fire services, emergency services
and emergency medical service to the city.
means a nuisance alarm as defined in Section 9.60.070.
means the Riverside County Sheriff's Department or such other
police agency under contract to provide police services to the city.
means a temporary measure intended to ensure continuous and
systematic surveillance of a building or portion thereof by one or
more qualified individuals for the purposes of identifying and controlling
fire hazards, detecting early signs of unwanted fire, raising an alarm
of fire and notifying the fire department.
(Ord. 19-09 § 1)
No alarm system, not including automatic dialing device alarms
or other alarm systems exempt from this chapter, shall be operated
unless the alarm owner has entered into a service contract with an
alarm company providing for monitoring service twenty-four hours per
day. Every alarm system shall be equipped so that it shall not activate
in the event of a power outage unless there exists an emergency situation
for which the alarm was designed to detect or alert.
(Ord. 19-09 § 1)
A.
No person
shall operate an alarm system in the city unless a city-issued alarm
operating permit has been issued for the alarm as it is currently
being operated.
B.
Maintenance.
Each alarm owner and alarm company shall maintain each alarm system
under their control in good working order, and provide the service
necessary to prevent malfunctions and false alarms. All fire alarm
systems shall be regularly maintained, inspected and tested in accordance
with NFPA 25 and NFPA 72 or any successor standards. All written reports
for such testing will be kept on the premises and be readily available
for review by fire department personnel when requested. Failure to
comply with these testing and inspection requirements may result in
additional fee assessments if false alarms occur.
C.
Inspections.
The police chief or fire chief, or their designees, shall be authorized
to require any nuisance alarm system to be inspected by the alarm
company at the owner's expense. Inspections shall be complete enough
to detect any likely malfunctions and shall include testing of the
equipment. Particular attention shall be paid to the conditions that
have the potential of causing false alarms. The person making the
inspection shall provide a written report to the alarm owner and the
fire department and police department, detailing measures taken to
eliminate the likelihood of further false alarms caused by the alarm
system. The report shall be kept on the premises for two years, and
shall be subject to inspection by fire department or police department
upon request.
(Ord. 19-09 § 1)
To defray the cost to the city in responding to false alarms,
alarm system owners shall pay any false alarm response reimbursement
fee assessment in such amount as may be established by resolution
to the city council. The fee assessment shall be satisfied by the
alarm system owner within thirty days after receiving the notice of
the amount owed from the city of Temecula Fire or Police Department.
The fee assessment will be mailed or given to the business/property
owner, and said owner will be responsible for paying the false alarm
fee assessment to the city of Temecula. The amount of the fees shall
be deemed a contract debt to the city. An action may be commenced
in the name of the city in any court of competent jurisdiction for
the amount of delinquent fees.
The fire department or police department shall issue the building/property
owner a notice via mail of the fee assessment or given the notice
at the time of the incident. If the alarm system owner fails to remit
the fees within thirty days from the date of the notice upon him or
her, which shall be the date of mailing the invoice, a penalty of
twenty-five percent of the amount of the fees in the notice shall
be imposed, but not less than five dollars. When imposed, the penalty
amount shall become part of the fee herein required to be paid. In
addition to such fee assessment, the alarm system owner shall pay
to the city all reasonable costs incurred by the city in collecting
such overdue and unpaid fees, including reasonable attorney's fees
and court costs, and interest at the rate of one and one-half percent
per month [eighteen percent per annum], or the maximum legal rate,
whichever is higher, on all unpaid fee amounts from the date payment
was due.
(Ord. 19-09 § 1)
A.
No alarm
system owner shall operate or maintain an alarm system which generates
more than three false alarms in a ninety consecutive day period.
B.
Any
alarm system operated or maintained in violation of this section is
a nuisance and shall be deemed a "nuisance alarm". In addition to
any other remedy herein, a nuisance alarm may be abated as a nuisance
as provided in this code.
(Ord. 19-09 § 1)
The provisions of this section shall not apply to audible alarms
affixed to automobiles.
(Ord. 19-09 § 1)
A.
It is
unlawful to install or maintain on the exterior or interior of any
building, an alarm system which upon actuation emits a sound which
is similar to sirens in use on emergency vehicles or vehicles used
for civil defense purposes.
B.
It is
unlawful to install, use, maintain or deliberately activate any alarm
system for any purpose other than reporting burglaries, robberies,
or other crimes involving risk of personal harm or property damage,
fires, or medical emergencies. Deliberately activating an alarm system
for any purpose other than a condition for which the alarm system
is intended to detect or alert is a misdemeanor.
(Ord. 19-09 § 1)
A.
It is unlawful for any person to violate any provision of this chapter or to fail to comply with any provision of this chapter. Any person violating any such provision or failing to comply with any of the mandatory requirements of this chapter, shall be guilty of a misdemeanor unless the city attorney or city prosecutor elects to prosecute the violation as an infraction. In addition, any person violating any provision of this chapter shall be subject to the penalties and remedies set forth in Title 1 of this code, including, without limitation, administrative citations and public nuisance abatement injunctions.
B.
Neither
the conviction of any person, nor the issuance of an administrative
citation for violation of any provision of this chapter shall release
such person from paying any business taxes, charges, fees, or payment
false alarm or other fees authorized by this chapter, due and unpaid
at the time of such conviction, nor shall payment of any fee or reimbursement
for false alarms prevent criminal prosecution for violation of any
of the provisions of this chapter. All remedies shall be cumulative
and the use of one or more remedies by the city shall not bar the
use of any other remedy.
C.
If an
alarm is deemed out of service by the fire department and/or police
department, the premises may be put on a twenty-four hour fire watch
at the expense of the business/property owner until the alarm system
is repaired to normal operating condition, and back to being monitored.
(Ord. 19-09 § 1)
Nothing in this section shall be deemed to impose any liability
on the part of the city of Temecula or county of Riverside with respect
to any alarm system owner or to any other person or entity, as a result
of any defect in an alarm system, failure of the city to receive an
alarm, or failure of the city or its police or fire department to
respond to any alarm regulated by this section, whether false or not.
The city council declares that it shall be entirely within the discretion
of each police officer or fire department member receiving a report
of an alarm activation, as to how or if to respond to such alarm.
By responding to an alarm, neither police nor fire personnel
shall be deemed to have assumed any obligation to safeguard property
at the alarm system location. At no time shall police or fire personnel
have any duty to remain at the scene of an alarm pending arrival of
the alarm system owner or representative. At all times the alarm system
owner shall be responsible and liable for securing facilities covered
by an activated alarm.
(Ord. 19-09 § 1)
A.
Any
person or business aggrieved by any determination of the police department
and/or fire department in connection with any alarm system regulated
by this chapter, including the determination of a nuisance alarm,
false alarm(s), or any fee assessment, may, within ten days of receipt
of an invoice, citation, notice of violation, or any other notice
concerning such determination, appeal the same by requesting, in writing
addressed to the police department and/or fire department, one of
the following:
1.
Administrative
review by a police or fire command staff member not involved with
the original determination, of the facts surrounding the determination.
The police or fire staff shall consider any written material or other
relevant evidence submitted, including any city, police or fire reports
or other documentation and within ten days of receipt of the review
request shall render a written decision either denying the appeal,
or reversing the determination with or without modification; or
3.
The
decision of the police or fire command staff, or hearing officer,
pursuant to subsections (A)(1) or (A)(2), above, shall be final.
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Any person may seek a hardship waiver from imposition of a false alarm reimbursement fee assessment by following the process specified to obtain an advance deposit hardship waiver set forth in Section 1.21.090 of the Temecula Municipal Code provided, however, that the request shall be submitted to the police or fire department, as applicable, and their decision shall be final.
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Any person may request an extension of the due date for submittal
of the fee assessment by submitting a written request to the police
or fire department, as applicable, not less than five business days
prior to the due date, therein setting forth facts establishing good
cause for the request. The decision on the request shall be final.
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B.
Because
the determination that an alarm was a false alarm is based on the
professional judgment of first responders employing all facts known
to the responders at the time of the alarm, the burden of proof in
the hearing shall be on the appellant to establish that an alarm was
not a false alarm.
(Ord. 19-09 § 1)
