Chapter 5.02 — SECURITY ALARM SYSTEMS

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:

"Alarm agent" 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.

"Alarm business" 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.

"Alarm system" 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.

"Alarm user" 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.

"Audible 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.

"City," "police," and "police chief" 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.

"Diversion program" 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.

"False alarm" 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

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.02.010

§ 5.02.040

alarm. "False alarm" does not include an alarm signal activated by earthquake, extraordinary weather conditions, or other act of God.

"Proprietor alarm" means an alarm which is not serviced by an alarm business.

"Silent alarm" 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

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City of Palm Springs, CA § 5.02.040

PALM SPRINGS CODE

§ 5.02.060

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

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.02.060

§ 5.02.075

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.

• (c) Any such denial is final unless the applicant appeals the decision to the city manager in the manner specified in Sections 5.02.090 and 5.02.100.

• (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

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City of Palm Springs, CA § 5.02.075

PALM SPRINGS CODE

§ 5.02.075

• 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 nonpermitted 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.

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.02.075

§ 5.02.085

• (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.

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City of Palm Springs, CA § 5.02.085

PALM SPRINGS CODE

§ 5.02.105

• (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)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.02.105

§ 5.02.110

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)

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City of Palm Springs, CA § 5.03.010

BUSINESS REGULATIONS

§ 5.03.040