Note: Prior ordinance history: Ordinances 991, 1222 and
1226.
The purpose of this chapter is to establish standards and controls
to reduce the incidents of false fire, emergency medical, burglary,
and robbery alarm calls responded to by the police and fire departments.
The revenue raised by the false alarm civil penalties imposed under
this chapter will offset the costs associated with responses to false
fire, emergency medical, burglary, and robbery alarms and serve as
a deterrent for persons who maintain defective or inferior alarms
that result in public safety officers responding to false alarms.
(Ord. 1430 § 1, 1993; Ord. 1678 § 1, 2005)
For the purposes of this chapter, certain words and phrases
used herein are defined as follows:
means any person who is employed by an alarm business, whether
directly or indirectly, whose duties include any of the following:
selling, maintaining, leasing, servicing, repairing, altering, replacing,
moving, installing or monitoring on any building, place or premises
any alarm system.
means any person, firm or corporation engaged in selling,
leasing, maintaining, servicing, repairing, altering, replacing, moving,
installing or monitoring any alarm system or causing to be sold, maintained,
serviced, repaired, altered, replaced, moved, installed or monitored
an alarm system in or on any building, place or premises.
means any electronic device designed for the detection of
fire, emergency medical crisis, burglary, or robbery, or an unauthorized
entry on premises, or for alerting others of the commission of an
unlawful act, or both, and when activated, emits a sound or transmits
a signal to indicate that an emergency exists, and to which police
and/or fire departments are expected to respond.
means a person contracting with an alarm business for the
leasing, servicing or maintaining of an alarm system, or who owns,
uses or maintains a proprietor alarm.
means a device designed to emit an audible sound to alert
others of a fire, emergency medical crisis, burglary, or robbery,
an unauthorized entry onto property, an unauthorized entry into a
structure, or the commission of illegal activity.
mean the city of Palm Springs, and in relation to robbery
and burglar alarms the terms mean the city's police department and
the police chief of the city or the police chief's designee, and in
relation to fire or emergency medical alarms the terms mean the city's
fire department and the fire chief of the city or the fire chief's
designee.
means any seminar, training, class, or course, approved by
the chief of police or the fire chief, designed to educate and train
persons in the proper installation, maintenance, and operation of
alarms.
means an alarm signal which causes response by the fire and/or
police departments where any emergency situation does not exist. "Response"
means arrival at the location of the alarm. "False alarm" does not
include an alarm signal activated by earthquake, extraordinary weather
conditions, or other act of God.
means an alarm which is not serviced by an alarm business.
means that type of alarm system which, when activated, sounds
a bell or buzzer or turns on a light at a predesignated place other
than the location where the alarm has been installed.
(Ord. 1430 § 1, 1993; Ord. 1678 § 2, 2005; Ord. 1683 § 1, 2006)
The provisions of this chapter shall not be applicable to audible
alarms affixed to automobiles, unless the vehicle alarm is connected
to a central monitoring system.
(Ord. 1430 § 1, 1993; Ord. 1678 § 3, 2005)
The provisions of this chapter shall be applicable to all alarm systems, as defined in Section 5.02.010(3) and not specifically exempted by Section 5.02.020, within the city. All owners of alarm systems installed and operating prior to the adoption of the ordinance codified in this chapter shall have ninety days from the effective date of said ordinance to obtain an alarm user's permit pursuant to Section 5.02.065.
(Ord. 1430 § 1, 1993)
All audible alarm systems, excluding fire alarms that emit sound
to indicate the functioning of an automatic fire sprinkler system,
shall include a device that will limit the generation of the audible
sound of the system to not longer than fifteen minutes after activation
when the alarm system is protecting a residential structure, and thirty
minutes when the alarm is protecting a commercial or industrial structure.
Such systems shall include an automatic resetting device, which shall
cause the system to be re-armed upon automatic shutoff. Any alarm
system which causes an audible sound for a period in excess of thirty
minutes is declared to be a public nuisance, which may be the subject
of prosecution under Section 11.72.300 of this code.
(Ord. 1430 § 1, 1993)
No alarm system shall be installed which, when activated, causes
an alarm or signal to be sent directly to the police department or
any facility thereof, or any city building, unless and until written
permission therefor is received from the chief of police. The chief
is authorized to limit the number of such devices terminating into
the police department if he determines that any such device or devices
would interfere with the normal functions of the police department.
(Ord. 1430 § 1, 1993)
No person other than an authorized agent of the police department
shall use, maintain, operate or attempt to use or operate, or cause
to be used or operated any alarm system or other device or combination
of devices that is arranged, adjusted or programmed so that it will
upon activation, either mechanically, electronically or by other automatic
means, initiate, call and deliver a recorded message to any telephone
number assigned to the city or its police department, or to any radio
frequency used thereby.
(Ord. 1430 § 1, 1993)
A fire, emergency medical, burglary or robbery panic alarm button
shall only be used when there is an immediate threat to life or property.
It is unlawful to use such alarm systems to merely summon the police,
or in lieu of dialing 911.
(Ord. 1430 § 1, 1993; Ord. 1678 § 4, 2005)
It shall be the responsibility of the alarm business to instruct
the alarm user in the proper use and operation of the alarm system,
whether silent or audible, as frequently as necessary, especially
in those factors which can cause false alarms. The alarm business
shall instruct the alarm user that activating an alarm in the absence
of an emergency is a criminal offense under Section 148.3 of the California
Penal Code. The alarm company shall also inform the alarm user that
a permit is required, and shall supply the alarm user with a permit
application. The permit application shall be made available to the
alarm company at no cost.
(Ord. 1430 § 1, 1993)
The provisions of this chapter shall be administered and enforced
by the chief of police. He and his designees shall have the power
to enforce such rules, regulations and standards as may be applicable
pursuant to this chapter or other ordinance or law.
(Ord. 1430 § 1, 1993)
(a)
(1)
No person shall install or cause to be installed, use or maintain
an alarm, system on premises owned or in the possession or control
of such person within the city without first having obtained an alarm
user's permit from the city in accordance with this section. The application
for an alarm user's permit shall be submitted on a form prescribed
by the city and shall include:
(A)
The address of the premises where the system is to be located;
(B)
The name, address and telephone number of the applicant;
(C)
The name, address and telephone number of a second person who may
be contacted in case of an emergency;
(D)
The name, address and telephone number of the person who will render
service or repairs during any hour of the day or night.
(2)
The application shall be accompanied by a nonrefundable fee in such
amount as established by resolution of the city council.
(b)
A
separate alarm user's permit shall be required for each premises of
address on which an alarm system is used or installed. Alarm system
permits shall not be transferable. A new alarm user's permit shall
be required whenever there is a change in a business' name, ownership
or location. With regard to an alarm system installed at a residence,
a new alarm user's permit shall be required whenever there is a change
in ownership. For any change in occupants of a residence with an alarm
system, the holder of the alarm user's permit shall update the notification
list as submitted to the city in his/her application to include the
name(s) and telephone number of the new occupants.
(c)
If
requested by the police department, the person(s) listed on the notification
list in the permit application shall be required to be present at
the alarm location within forty-five minutes after being advised that
the police department has received any signal or message of an alarm
activation at that location.
(Ord. 1430 § 1, 1993)
(a)
Approval.
Upon finding the requested alarm user's permit conforms to the
provisions of this chapter and other applicable provisions of the
Palm Springs Municipal Code, the police chief or his designee may
issue the alarm user's permit. The applicant shall pay a permit fee
as established by resolution of the city council.
(b)
Denial.
The police chief or his designee shall deny the alarm user's
permit if he determines any of the following:
(1)
The requested alarm user's permit is in conflict with any provision
of the Palm Springs Municipal Code;
(2)
The applicant, his employee or agent has knowingly made a false,
misleading or fraudulent statement of a material fact in the application
for a permit.
(3)
The applicant has failed to pay the application fee required by this
chapter;
(4)
The applicant has had a similar permit revoked for good cause within
the past year and has failed to show material change in the circumstances
since the date of revocation.
(Ord. 1430 § 1, 1993)
The alarm permit issued shall be valid for a period of one year.
The permit will expire one year from the day of issuance, and shall
be renewable upon receipt of an application and the alarm permit fee.
The renewal fee shall be in an amount as established by resolution
of the city council.
(Ord. 1430 § 1, 1993)
(a)
In
addition to the fees stated herein, an alarm user may become liable
to the city for a civil penalty for police and/or fire departments
responding to repeated false fire, emergency medical, and/or burglary
alarms emitted by the user's alarm system. A false alarm response
civil penalty, in amounts as the council may establish by resolution,
shall be paid to the city by the alarm user for every false fire,
emergency medical, and burglary alarm occurring on the second and
any subsequent false alarms received from any one source or from any
one alarm system within any consecutive three hundred sixty-five day
period. No false alarm civil penalty shall be charged for false fire,
emergency medical, and/or burglary alarms occurring within thirty
days following initial installation of any new alarm system provided
the system otherwise complies with the requirements of this chapter.
A higher civil penalty may be established for each additional false
fire, emergency medical, robbery, and/or burglary alarm received during
any consecutive three hundred sixty-five day period. Multiple false
fire, emergency medical, and/or burglary alarm calls received in any
one twenty-four hour period shall be considered a single event for
the purpose of assessing a civil penalty.
(b)
A
false robbery alarm response civil penalty, in amounts as the council
may establish by resolution, shall be paid by the alarm user to the
city for every false robbery alarm occurring on the second or any
subsequent false robbery alarm received from any one source or from
any one alarm system within any consecutive three hundred sixty-five
day period. A higher civil penalty may be established for each additional
false robbery alarm received during any consecutive three hundred
sixty-five day period as determined by the police chief.
(c)
Any fire, emergency medical, and/or burglar alarm which causes more than eight false alarms, or robbery alarm which causes more than four false alarms, may be declared a nuisance, and will be subject to revocation of permit as specified in Section 5.02.080 of this chapter. False alarms responded to beyond eight for fire, emergency medical, or burglary and four for robbery will continue to be billed at the rate specified on the city of Palm Springs alarm application permit, and the police department will no longer be required to respond to burglar alarms at such address and the fire department will no longer be required to respond to fire or emergency medical alarms at such address once the police and/or fire department has sent a letter, return receipt requested, to the owner or occupant of the building advising of the cessation of such service and the police and or fire department has received the return receipt.
(d)
A
response to a non-permitted fire, emergency medical, burglar, or robbery
alarm, whether false or valid, shall result in a non-permitted alarm
civil penalty. If an alarm user's permit is applied for within thirty
days of the response to a non-permitted fire, emergency medical, burglar,
or robbery alarm, the non-permitted alarm civil penalty shall be waived.
However, if an alarm user's permit is not applied for within thirty
days of the response, each additional response to a non-permitted
location, whether false or valid, will result in a higher civil penalty,
as set forth on the city of Palm Springs alarm application permit.
Should a non-permitted false fire, emergency medical, burglar alarm
frequency reach more than eight or a non-permitted false robbery alarm
reach more than four in any three hundred sixty-five day period, the
person responsible for such alarm location shall be notified by certified
mail that the police and or fire department will no longer respond
to alarms at that location.
(e)
All
fees established and/or levied by this section shall be paid to the
city within thirty days from the date of the invoice by the holder
of the alarm user's permit or the owner of the premises upon which
the alarm system is located if no permit has been issued for the alarm
system.
(f)
All
unpaid fees shall accrue interest at five percent.
(g)
The chief of police or the fire chief may suspend a fee required to be assessed for a second false alarm occurring with any three hundred sixty-five day period pursuant to the provisions of subsection (a) or (b) of this section, if the person liable for such assessment successfully completes a diversion program.
(Ord. 1430 § 1, 1993; Ord. 1655 § 2, 2004; Ord. 1678 § 5, 2005; Ord. 1683 § 2, 2006)
(a)
Any
alarm user's permit may be revoked at any time at the option of the
police chief or his designee whenever:
(1)
The alarm user is in violation of any of the provisions of this chapter;
(2)
The alarm system activates four or more false alarms within any consecutive
three hundred sixty-five day period;
(3)
The alarm user, his employee or agent has knowingly made any false,
misleading or fraudulent statement of a material fact in the application
for a permit or in any report required to be filed with any city agency;
(4)
Immediately following an alarm activation, the alarm user or his
designated representative fails to respond within forty-five minutes
to a request for access to the protected premises, upon request to
do so by a police officer or a public safety dispatcher who deems
a response necessary to insure the security of the premises or persons
where the alarm system is installed.
(b)
If
the police chief or his designee believes grounds exist to revoke
the permit, he or his designee shall serve the permittee with written
notice of the intent to revoke the alarm user's permit and the reasons
for the intended revocation. The permittee shall have fifteen days
from the date of issuance of this notice to respond and present evidence
to the police chief or his designee that he or she has corrected any
deficiencies in the equipment or operation of the alarm system or
that he or she has paid those fees owed to the city under this chapter.
Within five days of the date on which the evidence is presented, the
police chief or his designee shall notify the permittee of his decision.
Absent any showing by the permittee, the police chief shall issue
an order of revocation. The order of revocation shall be effective
immediately if personally served on the permittee, or seventy-two
hours after the order has been sent by certified mail addressed to
the permittee at his/her last known address.
(c)
Upon
revocation of an alarm user's permit, the police department will not
respond to alarms from the alarm system(s) if the revocation was a
result of excessive false alarms or defective equipment. The city
may charge for responses based on the fees set forth in this chapter.
(Ord. 1430 § 1, 1993; Ord. 1678 § 6, 2005)
(a)
Any
person aggrieved by a decision of the police chief or his designee
with reference to any matter covered in this chapter, including, but
not limited to, a decision to deny an application for a permit, to
renew a permit, to revoke a permit or to require reimbursement for
excessive false alarms, shall have the right of appeal to the city
manager.
(b)
A
written statement setting forth fully the grounds of such appeal shall
be filed with the city clerk within fifteen days after notice of the
decision of the police chief has been delivered to such person or
mailed via certified mail to his/her last known address.
(c)
Where
an appeal has been filed, an order or revocation shall be stayed pending
a determination thereon by the city manager. The permittee shall be
allowed to continue to use the alarm system until the appeal process
has been exhausted unless the police chief determines that the continued
use of the alarm system interferes with the safe and efficient operation
of the police department. The order of revocation shall be effective
from its initial date of issuance if the city manager upholds the
revocation decision. The revocation shall be dissolved immediately
if the decision of the city manager reverses the revocation.
(Ord. 1430 § 1, 1993)
Failure to file a letter of appeal within fifteen days of the
police chief's decision shall constitute a waiver of the appellant's
rights to a hearing. The city manager may nonetheless grant such a
hearing at his discretion.
(Ord. 1430 § 1, 1993)
Within fifteen days of the filing of a written appeal with the city clerk, the city manager shall set a time and place for hearing on the appeal, which shall be within thirty days after the appeal is filed or such longer period as may be agreed to by the applicant. The city manager shall promptly give written notice to the appellant of the time and place for the hearing at his last known address at least ten days prior to the date of the hearing. At the hearing upon the decision of the police chief, the city manager shall give the appealing party, and any other interested party, a reasonable opportunity to be heard in order to show cause why the determination of the police chief should not be upheld. In all cases, the burden of proof shall be upon the appellant to show that there is not substantial evidence to support the decision of the police chief. In conducting the hearing, the city manager shall not be limited by the technical rules of evidence. The city manager shall render a decision on the appeal within ten days following the close of the hearing, and failure to do so shall constitute a denial of the appeal. Any decision by the city manager may be appealed to the city council under the procedures in Chapter 2.05 of the municipal code.
(Ord. 1430 § 1, 1993)
(a)
After
revocation of an alarm user's permit, no new user's permit shall be
issued for the premises until written proof of correction is provided
to the police chief and the alarm system is determined to be in an
acceptable working order. Acceptance and approval of the written proof
of correction shall be the responsibility of the police chief or his
designee. If a reissued permit is revoked, no new alarm user's permit
may be issued for the same premises until a new or remodeled alarm
system is installed which meets all standards required in this chapter.
(b)
An
additional fee as set forth by resolution of the city council shall
be required prior to the reissuing of an alarm user's permit after
the original permit has been revoked.
(Ord. 1430 § 1, 1993)
Any person, firm or corporation violating any provision of this chapter shall be guilty of an infraction for such violation and shall be subject to penalties as provided in Section 1.01.155.
(Ord. 1430 § 1, 1993)
(a)
The
conviction or punishment of any person for violation of the provisions
of this chapter or for failing to secure a permit shall not relieve
such person from paying the permit fee or reimbursing the city for
false alarm response fees due and unpaid at the time of the conviction.
Nor shall payment of any permit fee or reimbursement of false alarm
response fees prevent criminal prosecution for violation of any of
the provisions of this chapter.
(b)
The
amount of any permit fee or reimbursement for excessive false alarms
shall be deemed a 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 any delinquent permit fees or reimbursement for excessive
false alarms. All fees shall be deemed delinquent thirty days after
they are due and payable.
(Ord. 1430 § 1, 1993)
