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.
“Alarm agent”
means the owner or employee of an alarm business.
“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.
“Alarm signal”
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.
“Alarm user”
means any person whose business, place, or premises has a police or fire alarm system whether or not monitored by a central monitoring system.
“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.
“Chief”
means the Fire Chief or the Chief of Police, whichever is appropriate.
“False alarm”
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.
“Fire alarm system”
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.
“Fire Department,” “fire service personnel” or “Fire Chief”
means the Fire Chief of the City and designated personnel of the Fire Department.
“Nonpriority response”
means a response by the Police which does not supersede any other response and which is predicated upon the availability of personnel.
“Person”
means an individual, partnership, corporation or other entity.
“Police” or “Chief of Police”
means the Chief of Police of the City, police officers, and designated employees.
“Police alarm system”
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.
1. 
Every alarm agent shall register by filing with the Chief of Police a copy of the alarm agent registration card issued him or her by the State Director of Consumer Affairs.
2. 
Every alarm agent shall report to the Chief of Police any change of business address within five days of such change.
(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)
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:
1. 
All information regarding the source or the cause of the false alarm; and
2. 
Any planned corrective action and projected date of correction.
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 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
1The base assessment shall be set by Council resolution.
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)