A.
The
purpose of this chapter is to reduce unnecessary responses by City
personnel and equipment by regulating preventable false alarms.
B.
Nothing
in this chapter should be construed to limit or discourage the legitimate
use of fire, burglar or other alarms. Such use is in the public interest
and promotes public health and safety. Furthermore, nothing in this
chapter shall prohibit the sounding of any signal necessary for the
conduct of an authorized fire drill.
(Prior code § 92.01)
This chapter shall be known as “The Desert Hot Springs
False Alarm Ordinance.”
(Prior code § 92.02)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
means the owner or employee of an alarm business.
means any person, partnership, corporation, or other entity
that sells, leases, maintains, installs, services, repairs, replaces,
alters, removes, moves, or monitors a police alarm system in or on
any building, place, or premises within the City. A person, partnership,
corporation or other entity engaged solely in the business of selling
police alarm systems is not an alarm business.
means anything perceptible which could reasonably be interpreted
as a communication of the existence of the unauthorized entry on a
premises, the commission of an unlawful act, or the occurrence of
a fire or other emergency to which the Police or Fire Department is
reasonably expected to respond.
means any person whose business, place, or premises has a
police or fire alarm system whether or not monitored by a central
monitoring system.
means a system that automatically receives, records, maintains,
and supervises alarm signals at a central location by observers or
operators who are required, upon receipt of an alarm signal, to notify
the Police or Fire Department.
means the Fire Chief or the Chief of Police, whichever is
appropriate.
means an alarm signal eliciting an emergency response from
the Police or Fire Department when a situation requiring such response
does not in fact exist, but does not include an alarm signal caused
by violent natural conditions or other extraordinary circumstances
that would activate an alarm system in reasonably good working condition.
means any device designed to detect and to signal the occurrence
of a fire or other emergency to which the Fire Department is reasonably
expected to respond.
means the Fire Chief of the City and designated personnel
of the Fire Department.
means a response by the Police which does not supersede any
other response and which is predicated upon the availability of personnel.
means an individual, partnership, corporation or other entity.
means the Chief of Police of the City, police officers, and
designated employees.
means any device designed to detect and to signal the unauthorized
entry on a premises, the commission of an unlawful act, or the occurrence
of any other emergency to which the Police are reasonably expected
to respond.
(Prior code § 92.03)
This chapter shall not apply to:
A.
A smoke
or heat detector in a single-family residential unit not connected
to a central monitoring system.
B.
An alarm
system affixed to a motor vehicle not connected to a central monitoring
system.
(Prior code § 92.04)
A.
Registration
Required. No alarm business shall operate within the City unless such
business has registered with the Chief of Police.
B.
Application.
Every alarm business shall register by submitting to the Chief of
Police a completed application for alarm business registration upon
City forms that show:
1.
The
name, permanent address and phone number of the alarm business;
2.
The
name, permanent address, and phone number of the alarm business’
employer;
3.
The
operations manager for the area which includes the City;
4.
The
owner of the alarm business;
5.
The
alarm business license number issued by the State Director of Consumer
Affairs.
(Prior code § 92.05)
Every alarm business shall report to the Chief of Police any
change in address, ownership, operations manager, or name within five
days of such change.
(Prior code § 92.06)
Every alarm business that has a central monitoring system to
monitor police or fire alarm systems located within the City shall
maintain on file a current listing of all such alarm systems, along
with the address and telephone number of the individual or individuals
from whom entry to the protected premises may be obtained.
(Prior code § 92.07)
A.
Registration
Required. No person shall work as an alarm agent within the City unless
that person has registered with the Chief of Police.
B.
Filing
Period.
(Prior code § 92.08)
Every alarm agent engaged in installing, repairing, servicing,
altering, replacing, moving or removing an alarm system at any place
of business, other than a place of business occupied by that agent,
shall carry on his or her person at all times while so engaged a valid
State of California agent’s registration card and shall display
that card to any peace officer upon request.
(Prior code § 92.09)
A.
Permit
Required. No person shall use, maintain or possess a police or fire
alarm system on premises within the City unless that person has obtained
an alarm user’s permit from the appropriate Chief.
B.
Application.
Applications for an alarm user’s permit shall be made to the
appropriate Chief upon City forms which show:
1.
The
name, address, and telephone number of the applicant;
2.
The
address of the premises where the alarm system is to be located;
3.
The
type of alarm;
4.
The
name of the person installing the alarm system;
5.
The
name of the person to call in case of an alarm;
6.
The
name of the person or firm willing to service the alarm system at
any time of the day or night.
(Prior code § 92.10)
Alarm systems sold within the City shall utilize approved underwriter’s
laboratories rated protection equipment.
(Prior code § 92.11)
All electrical alarm systems shall be installed and maintained
in accordance with applicable requirements of law and uniform codes.
(Prior code § 92.12)
No person shall use or cause to be used a telephone or cable
system programmed to dial the Police or Fire Department and to transmit
a voice or code message of an alarm signal.
(Prior code § 92.13)
No alarm user shall give, signal, transmit, or cause or permit
to be given, signaled or transmitted, a false alarm.
(Prior code § 92.25)
A.
Upon
finding a false alarm pursuant to an investigation, the Police or
Fire Department shall notify the alarm user of the false alarm.
B.
Within
three days of receiving the above notice, the alarm user shall file
a written report with the appropriate Chief containing the following
information:
C.
Upon
investigation of a false alarm, if a police or fire alarm system continues
to emit an alarm signal in excess of 30 minutes, after reasonable
efforts to contact the alarm user or the alarm business that monitors
such alarm system, the Chief of Police or the Fire Chief may cause
such alarm system to be disconnected by an alarm agent. The alarm
user shall pay the cost of such disconnection.
(Prior code § 92.26)
The Chief of Police or Fire Chief may designate an alarm system
a public nuisance if it actuates excessive false alarms. It is determined
that three false alarms within any three consecutive calendar months
is excessive and constitutes a public nuisance.
(Prior code § 92.27)
The Chief of Police or Fire Chief shall suspend the permit of
an alarm user whose alarm system has been designated a public nuisance.
The Chief of Police or Fire Chief shall serve the alarm user with
a written order of suspension which shall state the reason for the
suspension. The order shall be effective immediately if personally
served, or 72 hours after the order has been deposited with postage
prepaid in the United States mail. As soon as such order of suspension
becomes effective, the alarm user shall disconnect the alarm system.
In the case of police alarm systems, the police alarm system shall
receive nonpriority response from the police.
(Prior code § 92.28; Ord. 695 10-15-19)
The suspension of the alarm user’s permit shall become
a revocation 15 days after the order of suspension becomes effective
unless the alarm user presents to the appropriate Chief written verification
that the system has been completely evaluated and the causes of the
false alarms located and corrected. Notice of revocation shall be
served by personal service or by certified mail. Upon service of such
notice of revocation, the false alarm shall be disconnected. The alarm
user shall surrender any permit revoked pursuant to this section to
the appropriate Chief.
(Prior code § 92.29; Ord. 695 10-15-19)
Within 15 days from the date of receiving notice of a revocation pursuant to Section 5.36.180 of this chapter, the alarm user may appeal the revocation to the City Clerk. Such appeal shall be in writing and shall be filed with the City Clerk. The appeal shall be conducted pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.
(Prior code § 92.30; Ord. 695 10-15-19)
A.
Except for a violation of Section 5.36.140 of this chapter, a violation of this chapter is an infraction and is punishable by a fine of not more than $500. Revocation of a permit shall not be a defense against prosecution.
B.
The false alarm user or alarm business responsible for a false alarm or whose alarm system sends such alarm as prohibited in Section 5.36.140 of this chapter shall pay a penalty for each false alarm according to the following schedule:
|
First false alarm during the calendar year
|
No penalty
|
|
Second false alarm during the calendar year
|
Base assessment1
|
|
Third and subsequent false alarm during the calendar year
|
Base assessment times two
|
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1The base assessment shall be set
by Council resolution.
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C.
All
invoices issued for false alarm responses will be due and payable
upon receipt, and shall be considered past due 45 days from the invoice
date. Responses to false alarms may be suspended if there are past
due invoices.
(Prior code § 92.99)
