Chico Municipal Code Art. II False Fire Alarms

A. A determination of a false fire alarm response occurrence will be made by the Fire Chief or his or her designee when the Chico Fire Department is dispatched to the alarm site where there is no indication or presence of a fire on the premises, that warrants an emergency call for assistance from or investigation by the fire department, and no individual who was on or near the premises or who had viewed a video communication from the premises called for the dispatch or confirmed a need for fire response.

B. Records of the time, date, and address of the location of each activated alarm system or phone call to which the fire department responds shall be maintained by the fire department in such form and for such time as the Chief determines to be appropriate for efficiently administering and enforcing this chapter.

(Ord. 2514 §3 (part))

Except as provided in Section 5.41.120, whenever a false fire alarm occurs, the fire alarm user shall be assessed a false fire alarm fee in the amount as follows:

• 1. For the first false alarm - $0;
• 2. For the second false alarm - $100;
• 3. For the third false alarm and each subsequent false alarm - $200.

(Ord. 2514 §3 (part))

A. When a false fire alarm determination is made pursuant to Section 5.41.090 the Chico Fire Department shall notify the Department. The Department shall mail by first class mail a written notice of the false fire alarm to the fire alarm system user whose alarm system generated the false fire alarm, to the address at which the false alarm occurred and to the address of the owner of record of the premises. The notice shall state that a false alarm determination has been made, the date and time of the false fire alarm, the section of this chapter violated, a description of the violation, advise the addressee of the false alarm fee imposed or that the occurrence of future false fire alarms may subject the fire alarm user to payment of a false fire alarm fee, and that the fire alarm system user is entitled to a hearing to respond to the notice and introduce any evidence to refute or mitigate the determination that the false fire alarm occurred. All false fire alarm fees are due and payable within sixty (60) days of the date that the Department mails or transmits the notice, unless an appeal is filed, in which case the fees appealed from are due and payable within ten (10) days after the date of the written ruling.

B. A fire alarm system user wanting to contest a false fire alarm notice fee and/or determination shall file a written appeal with the Director within thirty (30) days after the date of the notice. A hearing shall be held by the Director or the Director's designee, not more than twenty (20) days from the date the appeal is filed. Within twenty (20) days after the hearing, the Department shall issue a written ruling including factual findings and the Director's conclusion, with supporting reasons affirming or reversing the notice. The decision of the Director shall be final.

C. The Director may, but is not required to, delegate authority to conduct hearings under this section to the Fire Chief or his or her designee.

(Ord. 2514 §3 (part))

A. False fire alarm fee shall not be assessed for the first false alarm.

B. An alarm user shall not be assessed a false alarm fee when:

1. The fire alarm system is entirely new and was installed within the past thirty (30) days. Proof of installation date is required.

2. The fire alarm system has undergone a major modification within the past thirty (30) days that significantly alters the operation of the system. Proof of modification is required. The granting of this exemption is up to the discretion of the Fire Chief and his or her designee.

3. The occupants of the premises took control over the fire alarm system within the past thirty (30) days and are utilizing a fire alarm system which does not qualify for exemption under another provision of this section.

4. The Chico Fire Department has granted an exemption, based upon verifiable proof that the person having or maintaining the fire alarm system is taking all reasonable measures to eliminate the cause of the false fire alarm. A request for exemption must be made in writing to the Chico Fire Department within ten (10) days following the false fire alarm and will be determined on a case-by-case basis.

C. Not more than one false fire alarm fee shall be assessed when more than one false fire alarm is generated from the same alarm system during any 24-hour period.

(Ord. 2514 §3 (part))

A. Any unlawful conduct under this chapter, or the violation of or failure to comply with any provision of this chapter, or any rule or regulation, or final order of the Director made pursuant to this chapter shall be a civil violation punishable by a civil fine or forfeiture not to exceed five hundred dollars ($500).

B. Each day of continued violation or noncompliance constitutes a separate offense, and the monetary penalties shall accumulate.

C. There shall be a maximum penalty and default amount of two hundred fifty dollars ($250.00) plus statutory assessments for a failure to pay a penalty imposed pursuant to subsections (A) and/or (B) of Section 5.41.130.

(Ord. 2514 §3 (part))