Dana Point Municipal Code Ch. 5.08 Fire Alarms, False Alarms

Wherever used within this Chapter, the following terms shall have the meaning set forth below:

"Alarm"

means the giving, signaling, or transmission to the Fire Department, its station(s) or companies or to any officer, or employee thereof, whether by telephone, spoken word, or otherwise, an indication or information to the effect that there is a fire, or other emergency at or near the place indicated by the person, devices, or system giving, signaling, or transmitting such information.

"Alarm business"

means the work, occupation, or profession of any person who performs, authorizes, directs, or causes the selling, leasing, maintaining, servicing, inspection, repairing, altering, replacement, moving, or installing of any alarm system, including any business that monitors alarms.

"Alarm subscriber"

means any person who purchases, leases, contracts for, or otherwise obtains an alarm system or the servicing or maintenance of an alarm system.

"Alarm system"

means any manual, mechanical, or electrically operated circuits, instruments, and/or devices, when activated emits a sound or transmits alarms, a message, and/or trouble signals for the protection of life and property from heat, smoke, fire, hazardous materials, or medical emergency. Provided, however, that this definition shall not include domestic smoke, fire, or burglar alarm devices whose primary purpose is to awaken, or alert persons on the premises and which emit a light, or sound only within the protected premises.

"Automatic communication device"

means any electrical, electronic, or mechanical device capable of being programmed to send a prerecorded message, when activated, over a telephone line or dedicated circuit to a central station.

"Central station"

means an office to which remote and supervisory signaling circuits are connected, where personnel are in attendance at all times to supervise the circuits and investigate signals.

"Direct alarm system"

means alarm systems electronically or otherwise connected directly to the emergency response agency from the protected premises.

"False alarm"

means an alarm necessitating response by the Fire Department where an emergency situation does not exist. This shall include mechanical failure, accidental tripping, misoperation, malfunction, misuse, or neglect of an alarm system.

"Fire Department"

means and includes the Orange County Fire Department and the Emergency Response Agency.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)

All alarm systems shall meet or exceed the standards established by the Fire Department including National Fire Protection Association Codes 72A and 72C, and such other regulations as may be adopted by the Orange County Board of Supervisors and/or the City Council of the City of Dana Point. All alarm systems, equipment, installations, and repairs and all fire and other emergency drills shall comply with rules and regulations promulgated by the Emergency Response Agency or the Fire Department regulating the times and conditions under which such installations, repairs, tests, or drills may be made. All audible alarm systems shall, after activation, limit the generation of the audible sound to a maximum of 15 minutes when the system is protecting residential premises, and 30 minutes when an alarm is protecting any other premises. This limitation shall be incorporated into the equipment at the protected premises. Said systems may include an automatic resetting device causing the alarm system to rearm upon automatic shut off. The Director or designee or the Fire Department may exempt any alarm system or kind or type of alarm system from any or all of the requirements of this Chapter if in his/her opinion such system does not create a substantial danger of generating false alarms necessitating a response by an Emergency Response Agency or the Fire Department.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)

All central stations or any business which receives signals that an emergency exit at a protected premises and transmits that information to the Emergency Response Agency or the Fire Department shall be required to have a permit from the Fire Department which shall be renewed annually.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)

A. No automatic communication device shall be programmed to the "911" emergency line.

B. Direct alarm systems shall not be connected to any Emergency Response Agency or the Fire Department except with the express written permission of the Emergency Response Agency or said Department.

C. No person shall lease, maintain, install, or use any alarm system which automatically direct dials the telephone number of the Fire Department.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)

(a) Each alarm business shall provide accurate and complete instructions to the alarm system user in the proper use and operation of said system which is provided to the user by that business or which is monitored by that business. Specific emphasis shall be placed on the avoidance of false alarms.

(b) The alarm subscriber or user shall maintain the alarm system and equipment in proper working order at all times.

(c) When an alarm system has been activated for an alarm subscriber, the alarm business or central station shall arrange for a representative to have the ability to be present at the location of the alarm within one hour after being requested by the Fire Department. The user of an alarm system which is not connected to an alarm business or central station shall designate a person to be available to respond to the protected property within one hour after being requested by the Fire Department.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)

In addition to such other fines or penalties established by law, a false alarm service fee is hereby imposed upon the residential occupants and/or commercial owner(s) and/or operator(s) of the premises wherein a false alarm was made and any central station owners and operators who initiated the Fire Department's response to such premises. The City Council is hereby authorized to set by Resolution the amount of each fee which shall be charged to those city residents who incur false alarm charges and/or penalties and other miscellaneous charges relating to alarm systems and businesses for services provided by the Fire Department. Said fees are hereby imposed effective January 1, 1991, as may be amended by the City Council from time to time. The County of Orange is hereby authorized to administer and take collection and enforcement action as may be necessary on such fees, charges, and/or penalties.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)

No person shall intentionally initiate a false alarm except for purposes of testing an alarm system and then only if made in accordance with the rules and regulations of the Fire Department therefor and after having given the Emergency Response Agency or the Fire Department prior notice thereof. Any person who violates this Section shall be guilty of a misdemeanor and subject to punishment in accordance with Section 1.01.220(a) of this Code.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)

It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section 1.01.220(a) of this Code, for any person to tamper with, render inoperative, or maliciously damage any alarm system maintained for the purpose of sounding or transmitting alarms excepting alarm systems undergoing approved maintenance or repairs.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)

Any violations of this Chapter shall be an infraction, subject to punishment in accordance with Section 1.01.220(b) of this Code, unless otherwise noted herein. The provisions of this Chapter may be enforced by the City and the Fire Department.

(Added by Ord. 91-11, 5/28/91; amended by Ord. 25-09, 6/17/2025)